Pamela Chestek
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Going to the Back-up Plan
This is a blog about ownership of all types of intellectual property, but it is undoubtedly the ownership of trademarks that provides the most litigation fodder. I think it is because no one thinks of the trademarks, or else they only become important in hindsight. Taylor v. Thomas is a typical example of what a… Continue reading
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Standing is a Lot Easier for Copyrights
I’m curious about the different legal standards that the courts apply in patent versus copyright cases when deciding whether a plaintiff who acquired the rights through transfer has standing. Patent law seems draconian, as exemplified by Abraxis Bioscience, Inc. v. Navinta, LLC. In Abraxis (blogged here and here), standing for a patent infringement suit was… Continue reading
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It’s Not Really a “Work Made for Hire”
One of the most misunderstood aspects of copyright law is work-made-for-hire. The lay understanding is that a work created at the request of another in exchange for payment is a “work for hire.” That’s not true, as explained by the Supreme Court in 1989 in Community for Creative Non-Violence v. Reid, but nevertheless it must… Continue reading
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Why Can’t More Decisions Be This Short?
Short and to the point from the Federal Circuit: a reversion of the assignment of a patent as a remedy for a breach of contract claim does not give the Court of Appeals for the Federal Circuit jurisdiction to hear the appeal. Appeal transferred to the Fourth Circuit. Patently-O gives you the details here. The… Continue reading
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What Is an “Ongoing and Existing” Business?
Section 10 of the Lanham Act has what’s called an “anti-trafficking” provision, which prohibits the assignment of intent-to-use applications “except for an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing.” The provision was added by the Trademark Law… Continue reading
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Mind Your Licenses
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 CONDOM… Continue reading
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The Winnie the Pooh Case is Really, Really Over
I’ve written in the past about a dispute over ownership of the Winnie the Pooh intellectual property rights. The original state court case was a claim by Stephen Slesinger Inc. (SSI), the successor to the rights from A.A. Milne, that Disney had underpaid royalties. A subsequent infringement case was brought in federal court, and Disney… Continue reading
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Be Careful What You Sign
There is a pair of interesting decisions out of the District of Massachusetts about ownership of the marks “Collaborative Problem Solving,” “Collaborative Problem Solving Approach” (the “CPS Marks”), “Think:Kids” and “Think:Kids: Rethinking Challenging Kids” (the “Think:Kids” Marks). “Interesting” because it is a case where marks that preexisted a business relationship were lost by signing an… Continue reading
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Of Course There is Copyright in Tattoos
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 assumed.… Continue reading
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The Cold War and the Copyright Act
There’s a fascinating bit of cold war history in the Copyright Act – who knew? The story is told in Hendricks & Lewis, PLLC v. George Clinton. George Clinton, of Parliament and Funkadelic fame, owes the law firm Hendricks & Lewis a lot of money. The firm obtained two judgments against Clinton and sought appointment… Continue reading
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