Pamela Chestek
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Tedious Termination Rights
I’ve carefully avoided blogging about copyright termination rights, but only because the cases are so mind-numbing. Luckily, though, Tamera Bennett at the Create Protect Blog isn’t afraid to take the subject on. She’s summarized the 2009 and 2010 Cases of Interest. This work is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States… Continue reading
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Screwed, But Not a Federal Problem
There’s a tale here. Unfortunately for plaintiff, not enough to make a federal case. The plaintiff, G & F Licensing Corporation (GFLC), claims to be a successor company to the Gordon & Ferguson Company, the original owner of the mark FIELD & STREAM for apparel. The current record owner is Field & Stream Licenses Co.,… Continue reading
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Is It “Spare Time” if Your Employer Owns Your Work?
Microsoft is getting some press for announcing that it is giving its 93,000 employees Windows 7 phones. An email announcing the plan to the employees was posted on TechFlash: I am thrilled to announce that a new Windows Phone 7 will be made available to every Microsoft employee as we launch in each market around… Continue reading
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“Who Owns Bratz?”
Be still my heart, my title is the opening line in the 9th Circuit decision about the long-standing dispute over the Bratz dolls, a title I have somehow thus far missed using. More background than you could ever want on the case is here. As we all know, MGA Entertainment lost in a big way. … Continue reading
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It’s the Little Things
There’s a pretty interesting older decision about ownership of the “MG” (as in cars) trademark that serves up some good drafting lessons. The story starts with the failure of the MG Rover Group, owner of the “MG” mark. The Nanjing Automobile (Group) Corporation (“NAC China”) bought the MG brand, but a man named William Riley… Continue reading
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Not Much Hope Left
Fifty Six Hope Road Music Limited, Inc. is the legal entity that owns the rights to reggae singer Bob Marley’s name, likeness and trademarks. It’s pretty familiar with defending those rights and pretty successful at it. Massachusetts case Jürek Zamoyski v. Fifty-Six Hope Road Music Limited, Inc. gives us some insight into what steps Fifty-Six… Continue reading
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Wish There Was More Story
A few days ago there was some cryptic news about a trademark dispute over the PUMA marks. The press release says this: Sportlifestyle Company PUMA herewith declares that the former Spanish license holder Estudio 2000 S.A., which owned several PUMA trademark rights, has been obliged to vest these to PUMA according to the arbitration ruling.… Continue reading
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Don’t Expressly Abandoned a Trademark You Allege is Infringed
I don’t usually write about abandonment, but Commerce Bancorp LLC v. Hill is a good teaching moment – or maybe a not, since it looks like Commerce Bancorp dodged a bullet. But it only survived summary judgment in a court that sets a low bar for finding a genuine issue of material fact. The facts… Continue reading
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Who Will Win – Doctrine or Pragmatism?
Some cases make you wonder and UFA Holdings, Inc. v. Performance Acquisition Group Company is one of them. It’s newly filed in Oregon, as reported by local news channel KTMR.com. The first “G.I. Joe’s” store opened in 1947 and ultimately grew to a chain of 27 stores. As told in the plaintiff’s memorandum in support… Continue reading
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Claims Left Barely Standing
Commerce Bancorp LLC v. Hill is a meaty enough case on ownership issues alone it’s good for two blog posts. First is a standing problem that cropped up, second an allegation of trademark abandonment. I’ll do standing now and abandonment later. I am always somewhat baffled by changes in ownership of intellectual property when the… Continue reading
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- copyright
- domain name
- moral rights
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- social media
- trade dress
- trade libel
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