Pamela Chestek
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Invention Assignment and Shop Right
I don’t follow patent law as attentively as I do copyright and trademark, but I don’t recall seeing too many shop right cases. Maybe this is ordinary stuff, but it was new to me. First though is the dispute over who owned the invention, the employee or the employer. Normally it’s pretty well defined in… Continue reading
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UPDATE: Who Owns Thunderbolt? I Thought Apple and I Was Wrong
Apple and Intel appear to have dueled over ownership of the Thunderbolt trademark for “dual protocol I/O [input/output] technology,” i.e., some combination of port, connector, cable and underlying technology (not to be confused with this Thunderbolt – application here – which Apple is set to oppose). Reportedly, Intel had technology by the name of “Intel… Continue reading
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Ho Hum Naked Licensing Case
I came away from reading Eva’s Bridal Ltd. v. Halanick Enterprises, Inc. pretty much nonplussed. It’s a naked licensing decision out of the 7th Circuit, and I generally can get fairly riled up about naked licensing cases. But this case is so lacking in any facts that I just can’t say it was wrong –… Continue reading
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When Do You Have an Exclusive Copyright License?
I’ve been hanging on to a decision from the Seventh Circuit since January, but it’s still worth some exposure because it explains one way to determine whether a copyright license is exclusive. A claim for copyright infringement may only be brought by the “legal or beneficial owner of an exclusive right under a copyright.” 17… Continue reading
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Meet the Bloggers VIILXCIIIV9
Or whatever number it is. (Marty, when do we switch to real numbers??) It’s that time again, the never-to-be-missed Meet the Bloggers event at “#INTASF” for those of you who tweet, “The Annual Meeting” for those of you who are proper hobnobbers, and “in-tah” for you crass Americans who don’t know enough to say “eye-en-tee-ey.” … Continue reading
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Brother versus Sister
Sometimes things in your life intersect. I recently had the pleasure of attending “The TTAB Comes to Boston,” a day when the Trademark Trial and Appeal Board heads to Boston for the day. It was a fabulous event, a great case and a great panel. And then the first case that landed on my desktop… Continue reading
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A Postscript on Damages
Photo by Kevin Burkett. Licensed under CC-BY-SA 2.0 Frank Gaylord was the artist who created the figures that are part of the Korean War Veterans Memorial. A photograph of the figures in the snow was used on a postage stamp. In 2006 Frank Gaylord sued in the Court of Claims, lost, appealed, and then won… Continue reading
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Factions Having a Common History
The caption tells it all: 100 Blacks in Law Enforcement Who Care, Inc. v. 100 Blacks in Law Enforcement Who Care. As explained by the TTAB: Opposers’ pleadings herein contain three grounds for refusing applicant registration: (1) priority and likelihood of confusion; (2) likelihood of dilution; and (3) that applicant is not the rightful owner… Continue reading
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Yankees Sued Over Ownership of Logo
There’s an interesting, albeit quixotic, complaint against the Yankees over the ownership of its “top hat” logo: Plaintiff Tanit Buday claims that her uncle, Kenneth Timur, designed the logo for the Yankees in 1936 but was not compensated for the design. In 1947 he modified the logo design in preparation for the 50-year anniversary of… Continue reading
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