• Posts Tagged ‘standing’

    ACPA and Standing

    by  • January 4, 2016 • domain name • 1 Comment

    It is a simple result, but not one that is forgone. An entity, HELP.org, LLC, owned a domain name, directorschoice.com. A company called Director’s Choice, LLP,* brought a Uniform Domain Name Resolution Policy proceeding against HELP.org for cybersquatting and won. Russ Smith, who owns Help.org, transferred the domain name to his own name and...

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    IP Rights and NDAs

    by  • December 8, 2015 • patent • 0 Comments

    You have someone sign an NDA that says this: If you can’t read it, it says 4. Beverly Johnson shall not directly or indirectly acquire any interest in, or design, create, manufacture, sell or otherwise deal with any item or product, containing, based upon or derived from the information, except as may be expressly...

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    A Proper Copyright Assignment

    by  • November 2, 2015 • copyright • 1 Comment

    I have called Righthaven the gift that keeps on giving. In Righthaven, the plaintiff tried to obscure the fact that there wasn’t a true copyright assignment by putting the relevant terms in different agreements. Righthaven, a copyright troll, eventually got whacked for it by the 9th Circuit. Now, when defendants see any kind of...

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    Copyright and Egyptian Law

    by  • October 26, 2015 • copyright • 0 Comments

    Jay-Z’s win in a copyright infringement suit has been widely reported. Jay-Z obtained a license to use an Egyptian work written by Baligh Namdi called “Khosara, Khosara” in “Big Pimpin”: Namdi’s heir, Fahmy, sued Jay-Z claiming that “Big Pimpin” was an unlawful derivative work, infringing both the moral and economic rights in Khosara, Khosara....

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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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    You Need to Take Care of the Little Details

    by  • June 3, 2015 • patent • 0 Comments

    Every patent litigation starts with an examination of the chain of title, or at least it should. Often there are multiple inventors; every link for each one has to be there, and even the language of the employment agreement has to be just right. Even after that, every corporate assignment has to be done...

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    Check the Clock

    by  • May 7, 2015 • patent • 0 Comments

    Mr. Hillyar was the the former director of Gems TV (UK). Gems TV (UK) was owned by Gem TV Holdings Ltd. Gems TV (UK) owned the ‘211 Patent and intended to assign it to Gem TV Holdings Ltd. but didn’t. Gem TV Holdings Ltd. then sold Gems TV (UK) in a stock purchase agreement...

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    STC.UNM v. Intel Stands

    by  • April 8, 2015 • patent • 0 Comments

    I’ve written in the past about a patent ownership stand-off, where, because of a mix-up in assignments and a disinterested possible co-owner, the interested owner cannot enforce the patent (original decision here and en banc decision here). The Supreme Court has refused to review the decision, so Ethicon, Inc. v. United States Surgical Corp.,...

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    Over Again for STOLI – But Just For Now

    by  • November 30, 2014 • trademark • 0 Comments

    Federal Treasury Enterprise Sojuzplodoimport first sued Spirits International B.V. over the STOLICHNAYA trademark 10 years ago, in October, 2004. Two lawsuits later, FTE still hasn’t survived an examination of its standing. The case has been dismissed a second in the district court, but even the district court thinks that an appeal is warranted: “In the...

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