• Posts Tagged ‘family’

    Licenses, Consents or Assignments?

    by  • July 31, 2017 • trademark • 1 Comment

    Lawn Managers, Inc. v. Progressive Lawn Managers, Inc. is about a trademark and a divorce, a case we’ve visited before. Where we last left it, the federal court was abstaining to allow the parties to figure things out in family court. As it turns out that order was vacated; on reconsideration the court concluded...

    Read more →

    The Family Name

    by  • January 16, 2017 • trademark • 0 Comments

    This case is not just a trademark suit with a domestic relations background; it is a domestic relations dispute over the ownership of marital property, which happens to be a trademark. It is a marital settlement that makes any trademark attorney’s heart sink. While they were married, exes Randy Zweifel and Linda Smith held...

    Read more →

    A Family of Marks with Different Owners

    by  • October 3, 2016 • trademark • 0 Comments

    The “family of marks” concept in trademark law is a difficult one to win. We all understand the concept, which is that consumers realize that when trademarks share a similar trait, like restaurant food products that start with “Mc,” the goods come from the same source. Proof of a family of marks is challenging,...

    Read more →

    All I Know Is YOU Don’t Own It

    by  • March 9, 2016 • trademark • 0 Comments

    The Trademark Trial and Appeal Board is a tribunal of limited jurisdiction. All it has to decide is whether a particular applicant or registrant may own a registration for a particular trademark. In other words, it doesn’t have to decide who wins as between two parties, but rather just has to decide whether one...

    Read more →

    How Not to Manage a Brand

    by  • February 17, 2014 • trademark • 0 Comments

    I’m very interested in C.F.M. Distributing Co. v. Costantine, a case about a failed franchise and a son’s effort to revive it. The effort failed because there were so many former uncontrolled licensees that the Trademark Trial and Appeal Board held (as affirmed by the Federal Circuit) that the applicant was not the owner...

    Read more →

    One Cannot Put a Would-Be Franchise Back Together

    by  • February 10, 2014 • trademark • 0 Comments

    I was all stoked because one of the most complicated trademark ownership cases I’ve ever seen, C.F.M. Distributing Co. v. Costantine, was appealed to the Federal Circuit. Super! Clarification from a Court of Appeals on trademark ownership! Sigh. Affirmed under Rule 36 without an opinion. Oral argument here. The text of this work is...

    Read more →

    How the Copyright Act Changes Lives

    by  • August 4, 2013 • copyright • 0 Comments

    The Vanity Fair issue has been out for awhile now, but for anyone interested in Harper Lee, “To Kill a Mockingbird,” John Steinbeck, publishing, legal intrigue, contracts, copyright termination, or underhanded dealing, there is a lengthy investigative article in the August issue called “To Steal a Mockingbird.” It is the story behind a lawsuit...

    Read more →

    Think of the Trademark Too

    by  • June 2, 2011 • trademark

    “Lingo v Lingo,” so you know where this is going.  In this case brother versus sister, arguing over ownership of the trademark for “Lingo’s Market” in Rehoboth Beach, Delaware. The opinion isn’t terribly clear on the facts, so I’ve put the story together from the pleadings and the decision. Lingo’s Market was opened in...

    Read more →

    Ho Hum Naked Licensing Case

    by  • May 15, 2011 • trademark

    I came away from reading Eva’s Bridal Ltd. v. Halanick Enterprises, Inc. pretty much nonplussed. It’s a naked licensing decision out of the 7th Circuit, and I generally can get fairly riled up about naked licensing cases. But this case is so lacking in any facts that I just can’t say it was wrong...

    Read more →