• Posts Tagged ‘license’

    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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    The Benefit of the Bargain

    by  • April 25, 2013 • copyright, trademark • 1 Comment

    We routinely include arbitration provisions in agreements and I often wonder whether an arbitration is really any easier or cheaper than litigation. But what I didn’t realize before was how much latitude arbitrators have in what they can award, including, in this case, reforming the contract to grant a license far beyond what either...

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    Mind Your Licenses

    by  • December 27, 2012 • trademark • 0 Comments

    Mind your licenses – if you want the mark to remain valid, it behooves you to comply with the terms of the license. Non-party Ansell Incorporated, later called Ansell Healthcare Products (Ansell), owned the mark CONDOM SENSE for prophylactics, claiming first use in 1988. In 1992, it filed an intent-to-use application for the mark...

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    Of Course There is Copyright in Tattoos

    by  • December 12, 2012 • copyright • 0 Comments

    From Tattoo Art Inc. website There is an unpublished decision out of the 4th Circuit that doesn’t cover any new ground legally but is timely, given the recent brouhaha over copyright in tattoos. Unremarkably, because I’m not sure how anyone could think differently, there is no discussion on the copyrightability of tattoos; that is...

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    Lack of Control as a Shield

    by  • September 23, 2012 • trademark • 0 Comments

    You are undoubtedly familiar with the concept that the lack of control over the quality of the goods and services with which a mark is used can mean that the trademark is abandoned (recursive link alert) by the trademark owner.  But in East West, LLC v. Rahman, the lack of control was instead used...

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