• Posts Tagged ‘chain of title’

    What It Takes to Get Attorneys’ Fees

    by  • January 30, 2017 • patent • 0 Comments

    This is a bit of a “duh” case from the Federal Circuit, a nonprecedential decision. The only surprising part of it is that the trial court, Judge Sparks in the Western District of Texas, didn’t impose even greater sanctions. It was quite a show of generosity. The patent-in-suit has a short chain of title;...

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    More on What Nunc Pro Tunc Means

    by  • December 5, 2016 • patent • 0 Comments

    One of my most read posts is “What Nunc Pro Tunc Means.” It means “now for then” in Latin, which is hardly much help. Extensive Google research tells me that it’s used to correct judicial orders, but that’s not what brings readers to my blog. In the IP field we typically use “nunc pro...

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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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    Not His First Time at the Rodeo

    by  • January 20, 2015 • trademark • 0 Comments

    In 1992, plaintiff Oleg Pogrebnoy began publishing a Russian language newspaper in New York titled in Cyrillic “KYPbEP,” which translates as “courier”; Pogrebnoy also later used the word “Kurier.” Pogrebnoy claimed ownership of the unregistered trademarks through a chain of transactions, starting with his own use in 1992, through five different companies (probably all...

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    The Value of Recording

    by  • July 2, 2013 • copyright • 0 Comments

    A company assigned the same copyright in a film to two different companies. Who owns it? The film is Italian classic La Dolce Vita: The parties agree that a a company called Cinemat S.A. was the owner of the copyright, by assignment from original producer Riama Films S.p.A. The problem arises with the next...

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    Another Band Name Ownership Decision

    by  • October 21, 2012 • trademark • 0 Comments

    Ok, I’m very confused by the decision in the TTAB case O.T.H. Enterprises, Inc. v. Vasquez. What’s confusing is that the Board discusses, in two separate parts of the decision, ownership of the mark and priority. I don’t really get that – if the case is about who owns the mark, what other mark...

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    Just Another Skirmish or the War?

    by  • December 26, 2011 • trademark

    Registrant’s goods Cancellation action Paul Audio, Inc. v. Zhou is just one glimpse of what clearly is a much larger dispute. Baoning Zhou, an individual, is the owner of a registration for the mark C-MARK for audio equipment. Petitioner Paul Audio, Inc., owned by Li Gong, had also applied to register the C-MARK mark...

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    Check the Chain of Title, Please

    by  • September 24, 2011 • patent

    Folks, really.  Check the assignment documents before you file the lawsuit, don’t assume the face of the patent is correct:  At some point soon after PBS Inc. filed its motion to amend, it was discovered that PBS Ltd., not PBS Inc., is the assignee and owner of the ‘651 and ‘039 patents. PBS Inc....

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    Bona Fide Purchaser in Good Faith

    by  • September 2, 2010 • trademark

    ZDNet reports that there will be a new “Commodore 64” computer. It’s being described in a press release (scroll to August 25, 2010 entry) as an updated computer in “an exact replica of the original beige chassis Commodore C64.” Original Commodore 64.  Photo: Bill Bertram (http://en.wikipedia.org/wiki/User:Pixel8).Photo licensed under CC-BY-SA But hat tip to whoever...

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