• copyright

    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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    Pay Me Now or Pay Me Later

    by  • October 21, 2008 • copyright

    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...

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    No Payments Should Have Been a Tip Off –

    by  • October 16, 2008 • copyright

    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...

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    Love Letters

    by  • October 14, 2008 • copyright

    Martin Luther King’s heirs are arguing over the ownership of the love letters Dr. King wrote to his wife Coretta.  The King couple’s daughter, Bernice, is refusing to turn them over to her brother, Dexter, for use in a book to be published by Penguin Group.  Penguin has threatened to pull out of the...

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    Mattel Moves for Everything

    by  • October 4, 2008 • copyright, trademark

    A little behind in my reporting on the Bratz case.  New reports are that Mattel filed a motion for a permanent injunction to enjoin MGA from making and selling Bratz dolls and from using the Bratz name and trademarks. There are a slew of motions.  First for declaratory judgment: he Court should now issue a declaratory judgment...

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    Bratz Post-Verdict Spinning

    by  • August 30, 2008 • copyright

    You may have seen that there’s some dispute in the Mattel v. MGA case over the amount of the verdict. Mattel claims it’s $100 million and MGA claims it’s either $20 million or $40 million, saying some of the awards in the verdict form are duplicative. I put the verdict form here, so you...

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    Bratz Verdict!

    by  • August 26, 2008 • copyright

    The verdict is in, but not without some confusion. Reuters reported a verdict for Mattel for $100 million, AP says $40 million. I suppose either way it’s a lot of money. Here’s the horse’s mouth, see for yourself. For all parties combined it could be $100,031,500, plus a little interest: $66,031,500 from MGA, $33,000,000...

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