• copyright

    Race To the Swiftest Without Notice

    by  • December 24, 2008 • copyright

    The U.S. patent, trademark and copyright statutes all have recording provisions (“race-notice,” if my property law recollection is correct) that provide a bona fide purchaser in good faith defense to the second purchaser. I don’t remember the last time I read a case that dealt with the assignment of the same intellectual property to...

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    Mattel Now Owns Bratz

    by  • December 5, 2008 • copyright, trademark

    As it last stood, Mattel had moved for an order on declaratory judgment that it owned all right, title and interest in the Bratz dolls created while the designer, Carter Bryant, worked at Mattel; for a permanent injunction that MGA cease manufacturing dolls; and that the court impose a constructive trust and transfer the...

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    Trifecta of IP Protection

    by  • November 25, 2008 • copyright, patent, trademark

    The legal blog with what has to be the longest name ever, the Los Angeles Intellectual Property Trademark Attorney Blog, brings our attention to an almost perfect trifecta of intellectual property ownership, where jeans are protected by patent, trademark and copyright. Almost perfect, because while the same stitching design on the back pockets is...

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    Not So Fast

    by  • November 18, 2008 • copyright, trademark

    In Halicki Films, LLC v. Sanderson Sales & Marketing, plaintiff Denice Shakarian Halicki and various related entities owned some rights – exactly what, to be decided by the court – in Eleanor, billed as “the only Ford Mustang in history to receive STARRING credit in a motion picture.” There are really two Eleanors: a...

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    You Still Have to Own the Copyright

    by  • November 14, 2008 • copyright

    The requirement for a written assignment of copyright can bedevil a copyright claimant, as in Tacori Enterprises v. Rego Manufacturing. In Tacori, the plaintiff was vulnerable because the assignment of copyright was not in a writing, although the original copyright owner and assignee agreed that the copyright had been assigned. Luckily for copyright owners,...

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    Application as Registration

    by  • October 30, 2008 • copyright

    William Patry is vocal in his disagreement with Nimmer about whether § 411(a) of the Copyright Act requires the issuance of a Certificate of Registration before suit can be filed. Patry says “yes,” Nimmer says “no.” 2 Nimmer on Copyright § 7.16. CHM Industries v. Structural & Steel Products, Inc. demonstrates the mischief that...

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    Bad News Two Days In a Row

    by  • October 30, 2008 • copyright

    Adding insult to injury after yesterday’s post, in which the Court of Appeals for the Federal Circuit affirmed a decision that Oren Tavory wasn’t a co-owner of the NTP patents, in a separate decision the Federal Circuit affirmed that he also owed NTP the attorneys’ fees it incurred defending against his copyright suit. Mr....

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    Originality in Copyright

    by  • October 24, 2008 • 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...

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