• No Payments Should Have Been a Tip Off –

    by  • October 16, 2008

    A quick lesson in bringing a claim for copyright ownership – there’s a three year statute of limitations from when you knew or had reason to know about the disputed ownership, and a registration that covers your work but doesn’t name you as an author, a copyright notice not listing you, and no royalty...

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    ConsumerInfo Owns the Mark

    by  • October 15, 2008

    Consumerinfo.com, Inc. v. Money Management Intl, Inc. is a short opinion with two of the rarer trademark ownership issues – whether the registrant is the true owner of the mark, and the quantum of use necessary to establish a date of first use of a mark. Unfortunately, the decision doesn’t contribute a lot to...

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    Love Letters

    by  • October 14, 2008

    Martin Luther King’s heirs are arguing over the ownership of the love letters Dr. King wrote to his wife Coretta.  The King couple’s daughter, Bernice, is refusing to turn them over to her brother, Dexter, for use in a book to be published by Penguin Group.  Penguin has threatened to pull out of the...

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    Patsy’s Restaurant Wars

    by  • October 11, 2008

    The never-ending saga of competing “Patsy’s” restaurants in New York simmers on. I count 13 decisions in the Westlaw database from at least three separate suits, plus there have been four petitions to cancel filed at the PTO. The latest decision, resolving all outstanding issues between the parties at the trial court level, starts...

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    “Museum Agrees to Ax Lizzie Borden Name”

    by  • October 8, 2008

    Not my headline, this newspaper’s.  Defendant True Story of Lizzie Borden Gift Shop and Museum, sued over the use of “Lizzie Borden” by plaintiff Lizzie Borden Bed and Breadkfast (case previously blogged here), will change its name.  The museum can mention Lizzie Borden in a tagline and can phase out sales of promotional goods.  More news reporting here....

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    Patent Ownership and Joint Development Agreements

    by  • October 8, 2008

    It was big news when Lucent Technologies won a $1.5 billion patent infringement suit against Gateway, Dell and Microsoft.  Less memorable was when the jury award was tossed on a motion for judgment as a matter of law (Lucent Technologies Inc. v. Gateway, Inc., 509 F.Supp.2d 912 (S.D.Cal. 2007)).  Now, the Court of Appeals for the Federal Circuit has affirmed the...

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    Mattel Moves for Everything

    by  • October 4, 2008

    A little behind in my reporting on the Bratz case.  New reports are that Mattel filed a motion for a permanent injunction to enjoin MGA from making and selling Bratz dolls and from using the Bratz name and trademarks. There are a slew of motions.  First for declaratory judgment: he Court should now issue a declaratory judgment...

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    Patents in the Ether, Admission to the Rescue

    by  • October 4, 2008

    THERASENSE, INC., Plaintiff, v. BECTON, DICKINSON AND COMPANY, Defendant.No. C 04-02123 WHAConsolidated with No. C 04-03327 WHA, No. C 04-03732 WHA,No. C 05-03117 WHAUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA2008 U.S. Dist. LEXIS 76716 July 14, 2008, DecidedJuly 14, 2008, Filed  OPINION ORDER DENYING DEFENDANT’S MOTION TO DISMISS Abbott Laboratories filed this...

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    How to Make Money on Dow Futures

    by  • October 3, 2008

    Most trade secret cases, in evaluating whether there is a trade secret or not, are looking at the degree to which secrecy was maintained, or analyzing whether the particular subject matter is of a type that may be protected through trade secret. Fishkin v. Susquehanna Partners G.P. (a declaratory judgment action) is a more unusual case...

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