Property, intangible

Intellectual property law is generally considered a scheme for the protection of non-rivalrous, non-excludeable goods. In other words, because an idea once disclosed can be used by all, laws are needed to provide exclusivity so that the inventor can capture some reward for his or her work. Jefferson: “Society may give an exclusive right to… Continue reading

The TTABlog reports on a case about the mark RUSSKAYA for vodka that addresses two different attacks on trademark ownership. One is a fairly standard charge of abandonment. The second is a standing attack, based on a claim that the intent to use trademark application was improperly assigned. Under Section 10(a)(1) of the Lanham Act,… Continue reading

Yesterday the Bratz court dealt with a boatload of motions, most importantly MGA Entertainment’s motion for remittitur of the $100 million verdict. MGA Entertainment claimed that the $100 verdict was duplicative, and that the jury really meant that the verdict should be $20 million. The MGA parties argue that Mattel had a singular theory of… Continue reading

Sometimes assigning the trademark isn’t enough. In the 1950’s, Société des Anciens Etablissements Martin S.A. (“Martin”) owned the design patents for and distributed the “Chambord” and “Melior” French press coffeemakers. In 1983, Viel Castel, a majority shareholder of Martin, and Jrgen Jepsen Bodum established Bodum, Inc. (“Bodum”). Bodum had the distribution rights to the Chambord… Continue reading

Here’s a patent assignment, in its entirety: I, JACK BENNETT, . . . do hereby sell and assign to VECTOR CORROSION TECHNOLOGIES LTD. . . . all my interest in the United States, Canada and in all other countries in and to my US, Canadian, and European applications for patents and issued U.S. patent, namely:… Continue reading

(Read yesterday’s post below if you haven’t yet) The court identified two breaks. The easy one was the last one – the oral assignment from Marx Toys, Inc. to the plaintiff. Of course, under § 204(a), a transfer of copyright ownership must be in writing or by operation of law. There was a second break… Continue reading

You have the following transactional events: Registering of copyrights for toy action figures with authorship by Louis Marx & Co. Bill of sale of Louis Marx & Co. to The Quaker Oats Company Bill of Sale of Louis Marx & Co. to Dunbee-Combex Change of Name from Dunbee-Combex to Dunbee-Combex-Marx d/b/a Louis Marx & Co.… Continue reading

The always informative John Welch, TTABlog reporter, blogged on a pure trademark ownership contest at the TTAB in an opposition proceeding. It was a bit of a lengthy and confusing read, 41 pages, although the TTAB does bless us with generous double-spacing and Courier New. The case is a lesson in how not to manage… Continue reading

Asociación de Industriales de Puerto Rico v. MarketNext, Inc. is a classic trademark ownership dispute. The plaintiff, Asociación de Industriales de Puerto Rico (AIPR), also known as the Puerto Rico Manufacturer’s Association, is a trade association representing businesses in the manufacturing and service sectors in Puerto Rico. It was commonly referred to as “los Industriales”… Continue reading

Patently-O revisits the half-millionth design patent, the design of the Chrysler Crossfire, and its assignment history. Now pledged to the government. © 2009 Pamela Chestek Continue reading