• Posts Tagged ‘assignment’

    Cherry and Jerry Garcia

    by  • October 26, 2008 • trademark

    Awhile back I did a survey on ice cream flavors.  One of the flavors in the survey was Cherry Garcia, a Ben & Jerry’s flavor.  According to the PTO records, the trademark was originally registered by Ben & Jerry’s but was later assigned to Jerry Garcia’s estate in 1997. The Grateful Dead’s attorney passed away recently and...

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    Pay Me Now or Pay Me Later

    by  • October 21, 2008 • copyright

    Tacori Enterprises v. Rego Manufacturing is such a meaty case that I’ll do separate posts on the various trademark and copyright issues in the case. This post is a lesson on how not to assign ownership of a copyright and register it – the plaintiff spent tens of thousands of dollars defending attacks on...

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    Positively Perfect in Every Way

    by  • September 30, 2008 • patent

    Positive Technologies whiffed the first patent infringement complaint by filing in the name of the wrong entity, Positive-California, when it should have been filed in the name of Positive-Nevada.  Positive calls a mulligan and refiles in the correct entity’s name, then the two companies merge into Positive Technologies, Inc. The standing problems aren’t over...

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    Oklahoma City or Seattle Supersonics?

    by  • July 28, 2008 • trademark

    There is some consternation in Seattle. The Seattle Supersonics are moving to Oklahoma City. One news report said “the SuperSonics are headed to Oklahoma City with Bennett leading the way, leaving behind the team name, colors and 41 years of history.” More accurately, another report said a binding agreement would “keeps the SuperSonics’ name,...

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    When Not to Assign Intent-to-Use Applications

    by  • July 25, 2008 • trademark

    The TTABlog reports on a successful trademark opposition because of an invalid assignment of an intent-to-use application. I mentioned yesterday that U.S. trademarks can be assigned without any tangible assets, but the U.S. trademark system has a carve-out for intent-to-use applications – they can’t be assigned without at least part of the ongoing business...

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    Assigning “Goodwill”

    by  • July 23, 2008 • trademark

    In the United States, an assignment of a trademark is invalid if the “goodwill” is not also assigned with the mark, but there’s no requirement that any tangible assets be transferred. So what exactly does it mean when agreements recite something like “Assignor does hereby assign to Assignee all rights, title and interest in...

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    Warner/Chappell Still Happy on Birthdays

    by  • July 12, 2008 • copyright

    I’m a little late to the game, but I just got around to reading Robert Brauneis’ “Copyright and the World’s Most Popular Song,” available here, blogged here, here, and here. It’s an interesting and thorough investigation into whether “Happy Birthday” is still protected by copyright. The telling of the story covers initial ownership of...

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    Shifting IP

    by  • June 30, 2008 • patent

    Update: See more recent post on related case here. In large corporate entities, intellectual property is often placed and moved around to improve the company’s tax position. The IP department may not be consulted on the shift, finding out only at the last minute when it is asked to execute the assignments that the...

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