• Posts Tagged ‘assignment’

    Assigning a Trademark Claim

    by  • February 7, 2022 • trademark • 0 Comments

    Plaintiff Delta Medical Systems, Inc. co-owned a trademark registration for NITREX for “medical gloves” with Delta Hospital Supply, Inc. and Delta Medical Supply Group, Inc. Delta Medical sued defendant DRE Health Corp. for trademark infringement. You may have seen this coming: DRE Health Corp. filed a motion to dismiss that the two other co-owners...

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    Answer: Yes, There Was An Assignment

    by  • February 3, 2022 • copyright • 0 Comments

    In an earlier post I asked whether a written agreement allowing the creation of a “Sequel” assigned the copyright in the original season of a telenovela, referred to as “the Series.” Caracol argued that the writing wasn’t a clear and unambiguous transfer of the rights in the Series, particularly since other parts of the...

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    Quiz: Was There An Assignment?

    by  • January 31, 2022 • copyright • 2 Comments

    Caracol Television, S.A. and Telemundo Television Studios co-created a telenovela called “El Señor de los Cielos,” referred to as “the Series.” The parties agreed that if either party wanted to create a derivative work, i.e., another season, the other would have the option to become a co-producer. Telemundo wanted to make another season of...

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    Think of the Name

    by  • September 16, 2019 • right of publicity, trademark • 1 Comment

    In transactional work, don’t think just about what you’re getting, but also what you don’t want the target to do in the future. Three family members with the surname Traeger had a business in wood pellet grills. They sold the business to plaintiff Traeger Pellet Grills. At least one of the Traeger family later...

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    Don’t Be Too Agreeable

    by  • August 19, 2019 • patent • 1 Comment

    Plaintiff Tegu is a toy company. It hired defendant Vestal Design Atelier LLC to develop its first toy line. Vestal created prototypes for Tegu for blocks with embedded magnets. These are the relevant provisions on ownership of the intellectual property rights in the agreement: 2.0 Ownership of Intellectual Property. 1. Ownership. Intellectual property rights...

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    When There Are No Rights to Assign

    by  • August 5, 2019 • patent • 2 Comments

    You’ve all seen this language before. This is from an agreement to transfer rights to a formula for nutritional products in exchange for royalties: If you can’t read the image, it says In consideration of the sum of $1.00 payable by Synergy to HealthBanc upon execution of this Agreement, HealthBanc hereby transfers and assigns...

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    Obligations versus Benefits

    by  • May 28, 2019 • copyright, trademark • 0 Comments

    Apparently someone is still interested in the Amiga operating system. In 2009, non-party Amiga, Inc. and defendant Hyperion Entertainment C.V.B.A. entered into a settlement agreement that resolved a number of lawsuits between them. The plaintiff, Cloanto Corp., was a licensee of Amiga at the time of the settlement agreement and mentioned in the agreement...

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