assignment
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The Coup de Grâce for Pooh?
One opposed mark The TTABlog brings us the last (?) chapter in the Winnie the Pooh story – well, it’s the last pending action at least, after a state court litigation, an appeal of it, a federal court litigation, and an appeal of it, all of which SSI lost. But never say never. The parties,… Continue reading
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Righthaven’s Failed Assignment Agreement
I haven’t been blogging about the Righthaven case because there are many other bloggers doing a great job. You know, Righthaven, who is going around finding bloggers reproducing articles from the Denver Post and the Las Vegas Review-Journal and suing them for copyright infringement. But I thought that I’d show you how miserably Righthaven screwed… Continue reading
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Important New Patent Ownership Decision!
Board of Trustees of the Leland Stanford Junior Univ. v. Roche Molecular Sys., Inc. In an important new decision, the Supreme Court held that Congress did not change one of the fundamental precepts of patent law – that the individual inventor is the original owner of invention – obliquely, through an ambiguous definition of “subject… Continue reading
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Abandoned, No Surprise
Some cases make you wonder more about the lawyers. Did they come in to the situation too late and just have a mess to clean up? Have they counseled their clients about their odds? Original Rex, LLC v. Beautiful Brands International, LLC just looks like such a long shot, but some clients can’t be deterred.… Continue reading
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Guess Confusion Isn’t Such a Big Deal
Gosh, such a juicy fact pattern; I read it with baited breath waiting to find out who owns the trademark. You can’t help but love a story that has stuff like this in it: “You have just 48 [hours] to decide…. After this deadline, Chen, Shenda, and I will have only one goal in our… Continue reading
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Missing the Question
Sometimes decisions seem expedient instead of right, albeit perhaps no harm, no foul. VocalSpace, LLC v. Lorenso is one of those decisions. Defendant Daniel Lorenso is a software developer and former employee of plaintiff VocalSpace, a company that designs web-based internet marketing and streaming media systems. VocalSpace claimed that Lorenso “stole” VocalSpace’s source code and… Continue reading
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A Good Tacking Decision
Boathouse Group, Inc. v. TigerLogic Corp. is a priority dispute between two trademarks for software used to enhance the functionality of social media sites. The plaintiff’s mark was POSTPOST, located at postpo.st, and the defendant’s was POSTPOST, located at postpost.com. Given the identicality of the marks, the only question was whether the services were similar… Continue reading
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The New Federal Law of Patent Assignment
In Abraxis Bioscience, Inc. v. Navinta, LLC last November, a panel of the Court of Appeals for the Federal Circuit examined a set of transactional documents and held that the plaintiff did not own the patents when the suit was filed and therefore did not have standing (blog post here). This wasn’t your run-of-the mill… Continue reading
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What Nunc Pro Tunc Means
Patent standing cases are a dime a dozen, so I don’t necessarily blog them. But Epic Sporting Goods, Inc. v. Fungoman LLC gives a really good summary of the legal significance of an assignment nunc pro tunc, so I thought I’d share it. On August 1, 2006 the asserted patent (U.S. Patent 7.082,938 titled “Baseball Fielding Practice… Continue reading
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Who Knows Who Owns Betty Boop
You’d think the recent 9th Circuit decision about Betty Boop would be right up my alley. But really, I’m mostly just mystified by it. It doesn’t add anything to current copyright jurisprudence and takes a decidedly orthogonal direction on current trademark law. The facts that the Court of Appeals cares to discuss are fairly simple.… Continue reading
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