• Posts Tagged ‘assignment’

    What the Paperwork Says

    by  • March 7, 2016 • trademark • 5 Comments

    Here’s an utterly confusing situation, which I suppose is why there has been an arbitration, two lawsuits, and an appeal to the 9th Circuit with an unpublished decision. People, get the paperwork right. The situation involves Camelot Hair Care Products LLC, a woman named Nina Parkinson, and Robanda International Inc. A person named Tony...

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    “By Operation of Law”

    by  • December 3, 2015 • copyright • 3 Comments

    I’m seeing what I believe is a misunderstanding of the statutory section describing transfer of copyright. Section 204(a) of the Copyright Act, titled “Execution of Transfers of Copyright Ownership,” says A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum...

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    A Proper Copyright Assignment

    by  • November 2, 2015 • copyright • 1 Comment

    I have called Righthaven the gift that keeps on giving. In Righthaven, the plaintiff tried to obscure the fact that there wasn’t a true copyright assignment by putting the relevant terms in different agreements. Righthaven, a copyright troll, eventually got whacked for it by the 9th Circuit. Now, when defendants see any kind of...

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    Beware UGC

    by  • October 7, 2015 • copyright • 1 Comment

    In a contest that requires a creative contribution, the contest sponsor will generally require that the participant assign the copyright in the contributed work. LittleMismatched did no differently, but it ran into some trouble because its target demographic is young girls. Mix children and contract and it gets a little trickier. The plaintiff, I.C.,...

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    You Had One Job

    by  • September 21, 2015 • patent • 0 Comments

    The court: Exploiting the patent-in-suit in these cases, U.S. Patent No. 5,781,788 (the ‘788 patent), was AVT’s sole reason for being. The only precondition to Plaintiff’s fulfilling its singular purpose was its acquisition of title to the ‘788 patent. Obtaining ownership of the patent was AVT’s sine qua non, the only thing Plaintiff absolutely...

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    Going to the Back-up Plan – UPDATE

    by  • September 14, 2015 • trademark • 0 Comments

    Update: The Court of Appeals for the First Sixth Circuit affirmed the lower court decision that there was an implied assignment of the trademark. The defendant challenged the decision on two bases. First, without using the word “abandoned,” the defendant argued that the trademark rights were lost when Taylor ceased business. But the owner...

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    Corporation versus Unincorporated Association

    by  • September 10, 2015 • trademark • 0 Comments

    One of the issues I often write about is what entity, exactly, owns a trademark. As described by the Trademark Trial and Appeal Board, “feuding members of extended family businesses, aging pop bands, or religious organizations riven by theological schisms” are frequent litigants because trademarks can be adopted with great informality and no documentation....

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    The Copyright License As a Property Right

    by  • August 3, 2015 • copyright • 1 Comment

    There are a slew of lawsuits against textbook publishers alleging use of stock photography beyond the scope of the original license (recursive link). Whether one characterizes it as massive intentional infringement, or a simple failure of the publishers to track their use and true-up on their licenses, it looks like it is a pervasive...

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    Patent Ownership in Germany

    by  • July 14, 2015 • patent • 0 Comments

    Here’s an interesting little patent case involving the ownership of patents under foreign law, in this case German law. The plaintiff’s principal, Werner Schnaebele, worked in Germany for a predecessor of the defendant. He signed one employment agreement that didn’t have any provision for ownership of inventions conceived of by employees, meaning local law...

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