Pamela Chestek
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I Own It When I See It
How many people can own knowledge? Banks give merchants a line of credit for credit card transactions. The banks use independent service organizations (ISOs) to sign up merchants for the bank’s services and to provide the equipment needed to process the transactions. Merchants submit their sales to a payment processor, which transmits the information to… Continue reading
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Motherless IP Children
The IPKat has a great post on acquiring trademarks that escheat to the Crown. The comments section gives some tips on how to go about it, and promises an update. © 2009 Pamela Chestek Continue reading
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Bratz To Remain On Sale For At Least a Year
The fallout from the Mattel win continues – MGA filed a motion under seal for a stay pending appeal; Mattel filed a motion asking for the appointment of a receiver: Mattel makes this Application on the grounds that MGA has filed, both in this Court and in the Ninth Circuit, stay applications based on MGA’s… Continue reading
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In Service of the Government
Wired reports about a prisoner who sued the government for copyright infringement for its sale of desk-blotter calendars he created as part of his assigned work duties while incarcerated. Suits for copyright infringement against the government are controlled by 28 U.S.C. § 1498(b): Hereafter, whenever the copyright in any work protected under the copyright laws… Continue reading
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They’re Not Andrew Lloyd Webber’s Cats
Although styled as a likelihood of confusion case, Kuklachev v. Gelfman International Enterprises, Inc. is really just a description of a bald-faced attempt at a trademark grab, driven by a largely untold story of a business falling out. It’s a no-brainer as a trademark ownership case; while the court dealt with a lot of theories… Continue reading
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Mars Gets at Least One Do-Over
The June, 2008 decision in Mars, Inc. v. Coin Acceptors, Inc., blogged here, was a tale of what happens when companies move IP assets around for tax purposes. In Coin Acceptors, Mars sued Coin Acceptors, then assigned the patents to a subsidiary, MEI, Inc. The assignment created a standing problem for Mars, which lost its… Continue reading
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Estate of Saunders v Estate of Garcia
According to the complaint, Merl Saunders and Jerry Garcia performed together as the Merl & Jerry Band. It was a partnership with equal shares. The two created Master Tapes, which were jointly owned but in the Garcia estate’s possession. Jerry Garcia’s estate released the recordings on an album (left) entitled Pure Jerry: Jerry Garcia &… Continue reading
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Keeping a Trade Secret Secret May Not Be Enough
The trade secret form of intellectual property is unique because its very existence requires that it have economic value. Patents and copyrights don’t need to (and often don’t) generate a dime. Trademarks must be used in commerce to exist, but they don’t have to be used in an income-producing way. But the definition of a… Continue reading
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The Watchman Returns
The Law Blog at the WSJ reports that a California court held that 20th Century Fox owns at least the right of distribution in the soon-to-be-released Warner Bros. film The Watchman. I couldn’t find the decision on Pacer, but the complaint gives the background. An interesting insight into how production and distribution rights for movies… Continue reading
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