Pamela Chestek
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Why You Always Bring a Claim Under § 43(a)
For starters, so you have standing. Particularly if your assignment record is a hot mess. There are two statutory bases for trademark infringement, § 32 (15 U.S.C. § 1114) for infringement of registered marks and § 43(a) (15 U.S.C. § 1125(a)), a broader provision that can also encompass trademark infringement. Section 32 provides a cause… Continue reading
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“I Didn’t Mention It Was Just a License?”
Defendant Smith used the mark “Suncrest” for his hair replacement business “Best Hair Replacement Manufacturers, Inc.” (“BHRM”). Wendy Wan owned First Fashion Hong Kong, a wholesale supplier of hair replacement products. Smith was a customer and a friend of Wan. Smith’s business was going under, so he, Wan, and a third person, Friendy, started a… Continue reading
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“Lizzie Borden B&B wins trademark patent”
Yes, that’s the unfortunate headline of the article in the The Herald News, “News of the Southcoast.” The Fall River, Massachusetts “Lizzie Borden Bed and Breakfast/Museum” sued the Salem, Massachusetts “True Story of Lizzie Borden Gift Shop and Museum” and they settled (previously blogged here and here). The Fall River business now has a federal… Continue reading
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News Flash: Patents Can Be Transferred by Operation of Law
The patent blogs are reporting on a new decision by the Federal Circuit, affirming that transfer of ownership of a patent can occur not only by assignment and through intestacy, but also by the operation of law when a holder of a security interest exercises its right to sell the collateral. Good thing, as the… Continue reading
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Three Chocolate Companies Run Three Different Ways
If you’re interested in trademark management in large enterprises, or management of large enterprises in general, there’s an interesting decision in a multidistrict antitrust case against the chocolate candy industry. The opinion discusses whether the court has personal jurisdiction over some of the foreign family members of Cadbury, Mars and Nestlé. The case also provides… Continue reading
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Standing No More
Medtronic Sofamor Danek USA, Inc. v. Globus Medical, Inc. is another effort by a patent-owning enterprise to try to have its cake and eat it too. The problems start when the company that owns the patents isn’t the manufacturing arm, so the patents are licensed to a sister (child, parent, cousin, etc., etc.) company. It’s… Continue reading
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Do Ethnic Slurs Mean a New Trial?
The National Law Journal is reporting (free subscription required) that four organizations – the Anti-Defamation League, the Public Affairs Alliance of Iranian Americans, the Iranian Americans Jewish Federation and the Iranian American Bar Association – filed an amicus brief in the Court of Appeals for the 9th Circuit, asking the court to grant a new… Continue reading
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Leibovitz Postcard Anyone?
News stories are reporting that renowned photographer Annie Leibovitz has used – well, something – as collateral for a $24 million loan that is due in September. The New York Times reports it this way: On July 29, Ms. Leibovitz was sued in State Supreme Court for nonpayment by a company that had lent her… Continue reading
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Stitch in Time
Changes of ownership of intellectual property rights are sometimes done in a series of transactions all executed at generally the same time. For example, when acquiring assets, they might first be assigned to an acquisition company, the acquisition company merged into the purchaser, the seller dissolved, and the purchasing company’s name changed to the name… Continue reading
About Me
Learn more about me at my website, Chestek Legal
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- copyright
- domain name
- moral rights
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- right of publicity
- social media
- trade dress
- trade libel
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