• The Dark Underbelly of Teddy Bear Puppies

    by  • November 10, 2008

    I’ve mentioned in the past that the naked licensing doctrine has taken on a life of its own disconnected from the statutory basis for it, abandonment. Fuller v. Heintz/Candee takes the naked licensing doctrine to an extreme, apparently holding that only one “naked license” is enough to invalidate the trademark. The case is tantalizing...

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    The Melody Can Barely be Heard

    by  • November 9, 2008

    Class 46 brings our attention to the auction of a Spanish brand for a department store chain “Galerías Preciados.” Fogasa, an agency of the Spanish Ministry of Labor and Education, acquired the family of marks as the result of a bankruptcy. Fogasa has tried to auction the brand three times; in 1997 the value...

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    What’s on Your Pocket?

    by  • November 3, 2008

    Not surprisingly, Levi Strauss & Co. v. Abercrombie & Fitch Trading Co. is a case about enforcing the “arcuate” pocket stitching design on Levi’s jeans. Levi’s is not one to be meek in enforcing its registered trademark, shown below:But it’s butting up against a litigious player in its own right, Abercrombie & Fitch (various...

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    Application as Registration

    by  • October 30, 2008

    William Patry is vocal in his disagreement with Nimmer about whether § 411(a) of the Copyright Act requires the issuance of a Certificate of Registration before suit can be filed. Patry says “yes,” Nimmer says “no.” 2 Nimmer on Copyright § 7.16. CHM Industries v. Structural & Steel Products, Inc. demonstrates the mischief that...

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    Bad News Two Days In a Row

    by  • October 30, 2008

    Adding insult to injury after yesterday’s post, in which the Court of Appeals for the Federal Circuit affirmed a decision that Oren Tavory wasn’t a co-owner of the NTP patents, in a separate decision the Federal Circuit affirmed that he also owed NTP the attorneys’ fees it incurred defending against his copyright suit. Mr....

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    Invention and Assignment of Patents

    by  • October 28, 2008

    A couple of ownership cases of interest. First, Oren Tavory failed in his effort to join in the NTP jackpot also known as the RIM settlement – he’s not a co-inventor because he didn’t have evidence that his contribution to the invention was more than simply the exercise of ordinary skill in the art....

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    Trade Dress and Copyright

    by  • October 27, 2008

    This is the final post in the series on Tacori Enterprises v. Rego Manufacturing. As well as claiming copyright in the ring design, Tacori also claimed that the ring design was Tacori’s protected trade dress and sued for trademark infringement. Tacori has filed a trademark application for registration of the trade dress in the...

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    Mongols Trademark Seizure

    by  • October 26, 2008

    There have been a lot of posts about the government’s seizure of the MONGOLS trademark, used by a biker gang. You can find blogging about it here, here and here, and commentary here and here on what it means under trademark law principles. Ryan Giles at the Law Vegas Trademark Attorney had the comment...

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    Cherry and Jerry Garcia

    by  • October 26, 2008

    Awhile back I did a survey on ice cream flavors.  One of the flavors in the survey was Cherry Garcia, a Ben & Jerry’s flavor.  According to the PTO records, the trademark was originally registered by Ben & Jerry’s but was later assigned to Jerry Garcia’s estate in 1997. The Grateful Dead’s attorney passed away recently and...

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    Originality in Copyright

    by  • October 24, 2008

    I blogged here about the defendant’s attack on the validity of an assignment and registration in Tacori Enterprises v. Rego Manufacturing. As a refresher, there were two parties that participated in the design of a ring, Haig Tacorian, acting as the President of Tacori Enterprises, and Garo Karounian, a designer for his sole proprietorship...

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