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...
Read more →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...
Read more →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...
Read more →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...
Read more →Here. Nothing I could add. HT to Gap.
Read more →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....
Read more →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...
Read more →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...
Read more →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...
Read more →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...
Read more →Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2013 Pamela S. Chestek. All rights reserved.