Property, intangible

Some decisions just make me nervous. The Sixth Circuit decision in Cincom Systems, Inc. v. Novelis Corp. is one of them. Cincom Systems licenses software. In 1989 it licensed software to Alcan Rolled Products Division (Alcan Ohio), a wholly-owned subsidiary of Alcan, Inc. The license was for use of the software on one computer in… Continue reading

A little while ago I blogged on Gerber Scientific International, Inc. v. Satisloh AG, a case that decided whether a later-filed continuation-in-part was included in the assignment of a grandparent application. The 271 Patent Blog is reporting that the issue was certified for interlocutory appeal to the Federal Circuit. © 2009 Pamela Chestek Continue reading

Section 32 of the Lanham Act, 15 U.S.C. § 1114, provides a cause of action for a “registrant” of a trademark. Section 45, 15 U.S.C. § 1127, defines a “registrant” as including “legal representatives, predecessors, successors and assigns.” So one only has a cause of action under Section 32 if one is the registrant or… Continue reading

Intellectual property specialists may not be involved in the preparation of merger and acquisition documents, and a couple of recent cases show what can go wrong when the form is missing something important. In one case the patentee won, but in the other the patentee didn’t. In Carotek, Inc. v. Kobayashi Ventures, LLC, the missing… Continue reading

For starters, so you have standing. Particularly if your assignment record is a hot mess. There are two statutory bases for trademark infringement, § 32 (15 U.S.C. § 1114) for infringement of registered marks and § 43(a) (15 U.S.C. § 1125(a)), a broader provision that can also encompass trademark infringement. Section 32 provides a cause… Continue reading

Defendant Smith used the mark “Suncrest” for his hair replacement business “Best Hair Replacement Manufacturers, Inc.” (“BHRM”). Wendy Wan owned First Fashion Hong Kong, a wholesale supplier of hair replacement products. Smith was a customer and a friend of Wan. Smith’s business was going under, so he, Wan, and a third person, Friendy, started a… Continue reading

Yes, that’s the unfortunate headline of the article in the The Herald News, “News of the Southcoast.” The Fall River, Massachusetts “Lizzie Borden Bed and Breakfast/Museum” sued the Salem, Massachusetts “True Story of Lizzie Borden Gift Shop and Museum” and they settled (previously blogged here and here). The Fall River business now has a federal… Continue reading

The patent blogs are reporting on a new decision by the Federal Circuit, affirming that transfer of ownership of a patent can occur not only by assignment and through intestacy, but also by the operation of law when a holder of a security interest exercises its right to sell the collateral. Good thing, as the… Continue reading

If you’re interested in trademark management in large enterprises, or management of large enterprises in general, there’s an interesting decision in a multidistrict antitrust case against the chocolate candy industry. The opinion discusses whether the court has personal jurisdiction over some of the foreign family members of Cadbury, Mars and Nestlé. The case also provides… Continue reading

Janky v. Lake County Convention and Visitors Bureau is not a precedent-changing decision.  But you know you’re in for an entertaining read when a case starts: This over-litigated case, involving a song by a doo-wop group, comes to us with 18 district court orders and memorandum opinions spread over a combined 239 pages.  The district court’s… Continue reading