• Posts Tagged ‘joint ownership’

    How to Steal a Trademark

    by  • July 25, 2016 • trademark • 1 Comment

    Progressive Emu, Inc. v. Nutrition & Fitness, Inc. is mostly a dispute about paying for emu oil, but there’s also a trademark claim involved. In 2000 Progressive Emu began developing an emu oil pain cream and added blue coloring to it, “thus birthed ‘Blue Emu.'” Nutrition & Fitness (NFI) was then “brought on board...

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    That’s Not How It Works

    by  • May 10, 2016 • trademark • 0 Comments

    There is a common misperception that one can somehow grab rights by filing a trademark application. It just doesn’t work that way in the United States. Today’s schooling is from the Trademark Trial and Appeal Board. Entertainingly, one party, Alvin Reed, Sr., is both petitioner and respondent (for a registered trademark) and opposer and...

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    Infringement Without Confusion?

    by  • November 9, 2015 • copyright, trademark • 8 Comments

    It’s a simple case, but simple doesn’t mean you get to take shortcuts on the legal rationale. At the end of 1998 Ford and ThermoAnalytics entered into a License Agreement for RadTherm software for heat mapping. In the agreement, FGTI (Ford Global Technologies, Inc.) granted ThermoAnalytics an exclusive license to develop and commercialize “FGTI...

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    Jurisdiction Over a Patent Ownership Claim

    by  • July 30, 2015 • patent • 0 Comments

    Predator International, Inc. v. Gamo Outdoor USA, Inc. is a Tenth Circuit decision involving a patent infringement claim. PatentlyO reports on the appellate posture, explaining why the appeal ended up at the Court of Appeals for the Tenth Circuit rather than the Federal Circuit. But I’m more interested in the ownership aspect of it....

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    The Drifters, Yet Again

    by  • March 22, 2015 • trademark • 0 Comments

    One thing that’s sure to make my eyes roll back into my head is the word “Drifters” in a case caption. Westlaw has 13 cases listed, 8 federal, 3 state and 2 TTAB. Now the TTAB has had another crack at it, including looking at evidence that goes all the way back to the...

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    Ninth Circuit Walks Back Sybersound Records

    by  • February 16, 2015 • copyright • 0 Comments

    As I’ve written about before, Sybersound is a 2008 Ninth Circuit decision that was not well-received by copyright authorities. We now have a second Ninth Circuit opinion interpreting Sybersound that undoes the original harm. The decision is Corbello v. DeVito, the case that just keeps on giving for someone who writes about copyright ownership....

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    When Trademark and Estate Don’t Mix

    by  • November 24, 2014 • trademark • 1 Comment

    What a dispute. I’ve written before (recursive link) about the dispute over the ownership of the mark YOGI for at least tea. I say “at least” because what seems to be missing from the four (or more) lawsuits that involve the trademark is the concept that a trademark has something to do with goods...

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    The Wrist-Rocket Factors

    by  • July 1, 2014 • trademark • 0 Comments

    Small businesses or community organizations, like restaurants or well-meaning citizens running a charitable fund-raising event, often don’t have many formalities around their operation, so when there is a dispute over the ownership of the name it’s bound to be very messy. But I don’t think there is any more vexing trademark ownership situation than...

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