Pamela Chestek
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Winning With No Trademark at All
In the United States we often think of “unfair competition” as a claim that is for infringement of an unregistered trademark, but the theory is broader than that. Los Defensores v. Gomez is the rare case where there was an unfair competition claim not involving a trademark, and it was successful. Plaintiff-respondent Los Defensores is… Continue reading
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Someone Else Can Have Registered the Copyright
The nice thing about appeals court decisions is that they’re often short. The court generally doesn’t have to plow through a kitchen sink of claims and instead gives us a brief education on a fine point of the law. In Smith v. Casey from the 11th Circuit, the issue is exactly who has to have… Continue reading
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You Need to Schedule Worthless Trademarks
Thanco Products and Imports, Inc. v. Kontos is a case that intrigues me. It’s an adversarial proceeding in a bankruptcy, not having to do with who owns the trademarks exactly, but what happens when one lies about it. In 2006 and 2007 Debtor George Kontos filed six trademark applications that ultimately registered, for GREEK AMERICAN… Continue reading
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It’s 17% That’s Under Copyright
I goofed, by a count of one. I previously said that there were nine (out of sixty) Sherlock Holmes works that were still under copyright. Turns out that there are ten, or 17%. And the Conan Doyle Estate’s efforts to extend the copyright life of the Sherlock Holmes character because a small number of stories… Continue reading
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If There’s No Evidence, How Do You Decide?
I often write about cases where there are two claimants to the same trademark. We’re still struggling with the fundamental doctrine that should apply in the situation, and because we’re struggling it means that the litigants may not capture or offer evidence that the fact finder needs in order to decide. Which is what happened… Continue reading
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Whoa, Harsh
Not necessarily wrong, but harsh. The outcome is clearly contrary to the contracting parties’ intent, and a third party, an accused infringer, reaps the benefits. Non-party Roman Martinez, Sr. was the author of two songs, Buscando Un Cariño and Morenita de Ojos Negros. On June 5, 1981, he and his band El Grupo Internacional de… Continue reading
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Does an Incorrect Claimant Invalidate a Copyright Registration?
Awhile back I reported on Kunkel v. Jasin, an unpublished decision out of the Third Circuit. In it, Kunkel, who was in bankruptcy, filed copyright applications in his own name rather than the name of the estate. His case was dismissed, and the dismissal affirmed, because the certificates named the wrong owner. We now have… Continue reading
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9th Circuit Agrees
When does a claim of copyright ownership accrue for purposes of the statute of limitations? Although this is an issue of first impression in our circuit, we are guided by the Second and Sixth Circuits. Our sister circuits have held that, where the gravamen of a copyright infringement suit is ownership, and a freestanding ownership… Continue reading
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“Abandoned” Means It’s Not Yours Anymore
What a mess. Add up ugly facts and a court that bought a frivolous and completely wrong argument (made without citation – because there aren’t any) and you end up with a fiasco. Here’s to appeals. Non-party Herb Burkhalter had a yellow pages directory business he sold to co-defendants Steven M. Brandeberry and American Telephone… Continue reading
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