trademark
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Abandoned and Adopted
Well, here’s a teaser of a case we might never know more about. The mark INTRAV has been registered since 1968 for travel agency services and is now owned by International Expeditions, Inc. A company called Christine E, LLC filed a petition to cancel the mark on the basis of abandonment: After diligent inquiry, Petitioner… Continue reading
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First Use Wins
Here’s a a short and sweet one. Two guys, Mohammad Jarrah and Justin Truesdell, had some kind of business relationship—Jarrah claims Truesdell was an employee and Truesdell claimed he and Jarrah were partners. Whatever it was, the relationship ended. Jarrah then opened an establishment in Houston called “Rebels Honky Tonk” in August, 2009. Then Truesdell… Continue reading
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The Benefit of the Bargain
We routinely include arbitration provisions in agreements and I often wonder whether an arbitration is really any easier or cheaper than litigation. But what I didn’t realize before was how much latitude arbitrators have in what they can award, including, in this case, reforming the contract to grant a license far beyond what either party… Continue reading
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Who Owns the Pen Name?
John Welch recently blogged about a case in the Southern District of New York where a trademark registration was cancelled for fraud. The case has an interesting twist, because the fundamental question really was: who owns a pen name? Plaintiff Melodrama Publishing, LLC and defendant Danielle Santiago entered into two contracts for Santiago to write… Continue reading
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Threatening Those Who Create the Rights
Go read this story: “Firefly Hat Triggers Corporate Crackdown.” It’s a situation that is just so misguided. I’ll note that I’m taking the facts in the article as true; perhaps, as is often the case, there is more to the story. But the article tells the story of a hat, this hat: Continue reading
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A Very Liberal Interpretation of “Registrant”
Apparently in the Northern District of California, an exclusive licensee can successfully sue under Section 32 of the Lanham Act even though it doesn’t claim to be either owner or registrant. Continue reading
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One Famous Mark, Two Owners
You all know that I’ll be having a “what were they thinking!” moment when I see a trademark case with a caption something like Del Monte v. Del Monte. We’ll start with the court’s opinion on the wisdom of the arrangement: Continue reading
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I Have Never Seen An Ownership Case So Complicated
I’ve read a lot of cases with convoluted fact patterns, which I guess is how they end up in litigation. But C.F.M. Dist. Co. v. Costantine, an opposition before the Trademark Trial and Appeal Board, is in the stratosphere of convoluted. Not surprisingly, it’s about a family business. In a 44-page decision, 4 pages are… Continue reading
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Sixth Circuit Saves the Day
A while back I started a post this way: What a mess. Add up ugly facts and a court that bought a frivolous and completely wrong argument (made without citation – because there aren’t any) and you end up with a fiasco. Here’s to appeals. And the appeal is here. Muuuchhh better! Defendant Steven Brandeberry… Continue reading
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When a Logo Has Two Owners
The last two posts were about a case, DeliverMed Holdings, LLC v. Schaltenbrand, involving ownership of a logo. In the first post, it turned out that the copyright in the logo was still owned by the designer, not the company using the logo. @WatermarkIAM tweeted a caution: “You must make sure #copyright ownership is clear… Continue reading
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