Pamela Chestek
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Invention and Assignment of Patents
A couple of ownership cases of interest. First, Oren Tavory failed in his effort to join in the NTP jackpot also known as the RIM settlement – he’s not a co-inventor because he didn’t have evidence that his contribution to the invention was more than simply the exercise of ordinary skill in the art. Tavory… Continue reading
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Trade Dress and Copyright
This is the final post in the series on Tacori Enterprises v. Rego Manufacturing. As well as claiming copyright in the ring design, Tacori also claimed that the ring design was Tacori’s protected trade dress and sued for trademark infringement. Tacori has filed a trademark application for registration of the trade dress in the ring… Continue reading
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Mongols Trademark Seizure
There have been a lot of posts about the government’s seizure of the MONGOLS trademark, used by a biker gang. You can find blogging about it here, here and here, and commentary here and here on what it means under trademark law principles. Ryan Giles at the Law Vegas Trademark Attorney had the comment that… Continue reading
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Cherry and Jerry Garcia
Awhile back I did a survey on ice cream flavors. One of the flavors in the survey was Cherry Garcia, a Ben & Jerry’s flavor. According to the PTO records, the trademark was originally registered by Ben & Jerry’s but was later assigned to Jerry Garcia’s estate in 1997. The Grateful Dead’s attorney passed away recently and I… Continue reading
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Originality in Copyright
I blogged here about the defendant’s attack on the validity of an assignment and registration in Tacori Enterprises v. Rego Manufacturing. As a refresher, there were two parties that participated in the design of a ring, Haig Tacorian, acting as the President of Tacori Enterprises, and Garo Karounian, a designer for his sole proprietorship Anais… Continue reading
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Implied, Irrevocable, Nonexclusive, Royalty-Free License to Retain, Use and Modify
The IP Law Blog digests an interesting software licensing case. An independent contractor software developer worked for a number of years writing applications for his client. When the relationship ended the copyright (and trade secret) lawsuit ensued. The Ninth Circuit found that the client had not just a license to use the software, but an… Continue reading
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Pay Me Now or Pay Me Later
Tacori Enterprises v. Rego Manufacturing is such a meaty case that I’ll do separate posts on the various trademark and copyright issues in the case. This post is a lesson on how not to assign ownership of a copyright and register it – the plaintiff spent tens of thousands of dollars defending attacks on the… Continue reading
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Political Signs
When was the last time that a political campaign had a logo that was famous enough no name was necessary? And have some fun at the same time? © 2008 Pamela Chestek Continue reading
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A Crocodile Has a Skinnier Snout
For a foreign take on the amount of use needed to preserve trademark rights, the IPKat offers a post on use of the word mark CROCODILE by Lacoste in the UK here. © 2008 Pamela Chestek Continue reading
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No Payments Should Have Been a Tip Off –
A quick lesson in bringing a claim for copyright ownership – there’s a three year statute of limitations from when you knew or had reason to know about the disputed ownership, and a registration that covers your work but doesn’t name you as an author, a copyright notice not listing you, and no royalty income,… Continue reading
About Me
Learn more about me at my website, Chestek Legal
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- copyright
- domain name
- moral rights
- patent
- right of publicity
- social media
- trade dress
- trade libel
- trade secret
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