• Posts Tagged ‘nonexclusive license’

    Not What Copyright Is For

    by  • October 16, 2017 • copyright • 0 Comments

    I previously wrote about a puzzling case, Small Justice LLC v. Xcentric Ventures L.L.C., with the defendant better know as Ripoff Report. The First Circuit has now grappled with it, although based on a revised district court opinion amended with a highly consequential footnote. To distill it down as much as possible, a lawyer,...

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    Tax Structuring Strikes Again

    by  • June 22, 2015 • patent • 0 Comments

    Oh, adidas. adidas AG is a large multinational conglomerate headquartered in Germany. It reported that at the close of 2014 it had 154 subsidiaries, one of which is co-plaintiff adidas America, Inc. A few years ago adidas developed “miCoach,” an “interactive personal coaching and training system.” Parent adidas AG owns the company’s US patents...

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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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    “Dope” Is Not Language of Acceptance

    by  • November 8, 2013 • copyright • 3 Comments

    You probably don’t need to be told this, but just in case you had any doubt: “dope!” is not “clear, unambiguous and unequivocal” acceptance of an offer as required under New York law. The court didn’t say it categorically, but I’m going out on a limb here and say no matter what the context,...

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    Who Can Enforce the Mark?

    by  • November 4, 2013 • trademark • 0 Comments

    I previously wrote about an unusual case in Florida, where a state agency alleged infringement of registered trademarks. The lawsuit was dismissed for lack of standing, with the district court reaching the conclusion that the enabling statute for the agency didn’t grant it the right to enforce its trademarks. According to the statute, Florida VirtualSchool...

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    How to Do an E-Signature Right

    by  • May 2, 2013 • copyright • 2 Comments

    For a two-week period of time, from July 16, 2012 through August 8, 2012, Craigslist presented users with the following statement when submitting a post: Clicking “Continue” confirms that craigslist is the exclusive licensee of this content, with the exclusive right to enforce copyrights against anyone copying, republishing, distributing or preparing derivative works without...

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