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That’s How You Write It
It’s always tricky to sell a business that uses your personal name. Probably a lot of the value of the acquisition is tied to the name — imagine selling Martha Stewart Living Omnipedia without getting full rights to the name “Martha Stewart.” But the person selling the name has made his or her living in… Continue reading
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One Cannot Put a Would-Be Franchise Back Together
I was all stoked because one of the most complicated trademark ownership cases I’ve ever seen, C.F.M. Distributing Co. v. Costantine, was appealed to the Federal Circuit. Super! Clarification from a Court of Appeals on trademark ownership! Sigh. Affirmed under Rule 36 without an opinion. Oral argument here. The text of this work is licensed… Continue reading
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Get Those Agreements Signed
Where a work is a “work made for hire” by virtue of it being specially commissioned, there must be a writing saying so signed by both parties. And it really has to be signed. On July 10, 2010 Zenova signed an agreement to create a website framework for defendant Mobile Methodology, LLC (“MML”). The agreement… Continue reading
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Winning With No Trademark at All
In the United States we often think of “unfair competition” as a claim that is for infringement of an unregistered trademark, but the theory is broader than that. Los Defensores v. Gomez is the rare case where there was an unfair competition claim not involving a trademark, and it was successful. Plaintiff-respondent Los Defensores is… Continue reading
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Someone Else Can Have Registered the Copyright
The nice thing about appeals court decisions is that they’re often short. The court generally doesn’t have to plow through a kitchen sink of claims and instead gives us a brief education on a fine point of the law. In Smith v. Casey from the 11th Circuit, the issue is exactly who has to have… Continue reading
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You Need to Schedule Worthless Trademarks
Thanco Products and Imports, Inc. v. Kontos is a case that intrigues me. It’s an adversarial proceeding in a bankruptcy, not having to do with who owns the trademarks exactly, but what happens when one lies about it. In 2006 and 2007 Debtor George Kontos filed six trademark applications that ultimately registered, for GREEK AMERICAN… Continue reading
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It’s 17% That’s Under Copyright
I goofed, by a count of one. I previously said that there were nine (out of sixty) Sherlock Holmes works that were still under copyright. Turns out that there are ten, or 17%. And the Conan Doyle Estate’s efforts to extend the copyright life of the Sherlock Holmes character because a small number of stories… Continue reading
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If There’s No Evidence, How Do You Decide?
I often write about cases where there are two claimants to the same trademark. We’re still struggling with the fundamental doctrine that should apply in the situation, and because we’re struggling it means that the litigants may not capture or offer evidence that the fact finder needs in order to decide. Which is what happened… Continue reading
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Whoa, Harsh
Not necessarily wrong, but harsh. The outcome is clearly contrary to the contracting parties’ intent, and a third party, an accused infringer, reaps the benefits. Non-party Roman Martinez, Sr. was the author of two songs, Buscando Un Cariño and Morenita de Ojos Negros. On June 5, 1981, he and his band El Grupo Internacional de… Continue reading
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Does an Incorrect Claimant Invalidate a Copyright Registration?
Awhile back I reported on Kunkel v. Jasin, an unpublished decision out of the Third Circuit. In it, Kunkel, who was in bankruptcy, filed copyright applications in his own name rather than the name of the estate. His case was dismissed, and the dismissal affirmed, because the certificates named the wrong owner. We now have… Continue reading