• Posts Tagged ‘assignment’

    And You Wonder Why Litigation Is Expensive

    by  • August 22, 2016 • trademark • 0 Comments

    Golly, the things you have to explain sometimes. Plaintiff Ubu/Elements, Inc. claimed to have purchased all of the assets of Defendant Elements Personal Care, Inc. UBU/Elements accused the defendant of continuing to use the trademark AFTER THE GAME after the purchase. The Asset Purchase Agreement said this about the trademark in dispute: If you...

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    The Contract Without End – What the Parties Did

    by  • August 18, 2016 • copyright • 2 Comments

    I previously described a situation where unhappy licensees refused to acknowledge that there was a new licensor. Bruce Kirby, Inc. was the original licensor of the defendants’ rights to build Kirby Sailboats granted in the “Builder Agreements” and then in 2008 Bruce Kirby sold his business to Global Sailing Limited (GSL). The Builder Agreements...

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    The Contract Without End

    by  • August 16, 2016 • copyright • 6 Comments

    This case relates to some kind of intellectual property, denominated in the agreement as “copyright” and “industrial design” rights, although the true nature of the rights was not examined by the court. It’s a mess of a problem, with a “solution” that turned out not to work quite as the parties planned. I’ll set...

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    The 2d Circuit Is Part Way There on Eden Toys

    by  • August 1, 2016 • copyright • 0 Comments

    I have long complained about a defense that comes up in copyright cases, originating with the Second Circuit’s Eden Toys, Inc. v. Florelee Undergarment Co. Eden Toys involved a challenge to standing based on the timing of of an exclusive license. The case has heavily-quoted language about the challenge: In this case, in which...

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    Dodged a Bullet

    by  • June 27, 2016 • patent • 0 Comments

    Awhile back I titled a blog “Pay Attention to This One.” People did. You can read in more detail about the facts in the appeals court opinion blogged here, but the crux is that an inventor had an oral agreement with his employer that he would be paid a bonus for his inventions in...

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    Pick Your Story

    by  • May 16, 2016 • trademark • 1 Comment

    When you have one theory for one court, and a different theory for a later one, it probably isn’t going to turn out too well. In the latter suit before the Trademark Trial and Appeal Board, Weber-Stephen Products, LLC, famous maker of grills, petitioned to cancel the registration for a stylized “Q” trademark owned...

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