trademark
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Attention Sharks
I like to watch Shark Tank. If you haven’t seen it, entrepreneurs come pitch a panel of notable business people asking for an investment in their nascent companies. Often the topic of intangible assets—generally patents and trademarks—comes up, which presumably the sharks are taking into account when valuing a company. The entrepreneurs make representations about… Continue reading
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Not His First Time at the Rodeo
In 1992, plaintiff Oleg Pogrebnoy began publishing a Russian language newspaper in New York titled in Cyrillic “KYPbEP,” which translates as “courier”; Pogrebnoy also later used the word “Kurier.” Pogrebnoy claimed ownership of the unregistered trademarks through a chain of transactions, starting with his own use in 1992, through five different companies (probably all companies… Continue reading
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Wordiness Is Your Enemy
Lawyers are wordy. Often the wordiness doesn’t matter that much, “I hereby demand that you cease and desist” instead of “you must stop now” both get the point across. But never, ever write a contract that is wordy without a good reason, because that can put you into litigation hell. Defendant 4EverYoung, Ltd., a UK… Continue reading
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Why Litigation Is So Expensive
The USPTO has a number of different databases with information about trademarks—one for basic trademark registration data, searched by using the Trademark Electronic Search System (TESS), assignment records at Assignments on the Web (AOTW), and ex parte appeal, opposition and cancellation proceedings in the Trademark Trial and Appeal Board Inquiry System (TTABVUE). Two older databases,… Continue reading
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Assigned from One’s Self to One’s Self
The patent, copyright and trademark statutes are not paragons of clarity when it comes to assignment. They all require that assignments be in writing, which is fine as far as it goes. What seems to befuddle lawyers is what to do when the transfer is by operation of law. The Copyright Act acknowledges implicitly that… Continue reading
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Over Again for STOLI – But Just For Now
Federal Treasury Enterprise Sojuzplodoimport first sued Spirits International B.V. over the STOLICHNAYA trademark 10 years ago, in October, 2004. Two lawsuits later, FTE still hasn’t survived an examination of its standing. The case has been dismissed a second in the district court, but even the district court thinks that an appeal is warranted: “In the short… Continue reading
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When Trademark and Estate Don’t Mix
What a dispute. I’ve written before (recursive link) about the dispute over the ownership of the mark YOGI for at least tea. I say “at least” because what seems to be missing from the four (or more) lawsuits that involve the trademark is the concept that a trademark has something to do with goods and… Continue reading
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Having Documents Helps
I usually write about ownership issues in the context of infringement claims. But I ran across a tax case where management (or actually, lack of management) of the ownership of the intellectual property ended up creating a tax deficiency on 29.6 million dollars. In 1976 William and Patricia Cavallaro started a contract manufacturing company, Knight… Continue reading
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The Promiscuous Licensor
I recently took the federal courts to task for what I submit is a disconnect between the statutory definition of “abandonment” and the “naked license” defense. My argument is that trademark owners are simply being punished for behavior that is seen as too lax, without any regard for whether that laxness has actually effected a… Continue reading
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