assignment
-
Do-Over on the Writing Requirement
Such a short decision, and so many things to think about. We last visited Vergara Hermosilla v. The Coca-Cola Company after a motion for preliminary injunction had been granted in Vergara’s favor. Vergara did a Spanish translation of lyrics for a video for Coca-Cola, but there was a misunderstanding and/or screw up which meant that… Continue reading
-
Assignment of a Patent’s Priority Right
The IPKat explains it. Aye-yigh-yigh. You figure it out. The text of this work is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License. Continue reading
-
A Routine Trademark Ownership Dispute
The case about the ownership of the LIGHT STAR TRAVEL trademark is almost blissfully routine. It simply boiled down to whether one entity acquired ownership of another – if so, the alleged acquiror owned the trademark, if not, the original owner retained ownership. It looks like the parties are acting without the advice of counsel,… Continue reading
-
Assigned or Not?
The ‘086 patent was owned by Astra L and the ‘524 and ‘489 patents were owned AZAB. On, and effective on, June 28, 2006 and pursuant to an earlier-executed Asset Purchase Agreement, a third company, AstraZeneca-UK (“AZ-UK”), purported to assign the three patents to plaintiff Abraxis. Does Abraxis have standing? It’s not as clear-cut as… Continue reading
-
Unintended Consequences
It may make business sense to put ownership of related trademarks in different subsidiaries. Under In re Wella, one can generally register similar marks owned by sibling companies, as long as it’s done properly. But In re Koolatron Corp. discloses a risk I hadn’t thought about before, that is, that the registrations won’t serve the… Continue reading
-
An Invalid Assignment Isn’t Incontestable
I’m not even going to try to outline the convoluted competing ownership claims to the STOLICHNAYA trademark for vodka – you can read the decision for that. But the disagreement about who owned the mark led to a trademark infringement suit that plaintiff Federal Treasury Enterprises Sojuzplodoimport (FTE) brought against the record owner of the… Continue reading
-
Check the Corporate Records – Every Time
Litigation is expensive and the last thing you need is unnecessary motion practice. On June 16, 1998 an inventor employed by patent owner Tri-Star executed an assignment to “Tri-Star Electronics International, Inc., its successors, legal representatives and assigns,” an Ohio corporation. On September 9, 1999, he executed another assignment to Tri-Star as an Ohio corporation. … Continue reading
-
When Can You Assign an Intent-to-Use Application?
Test your knowledge of Section 10 of the Lanham Act! Here’s the set-up: Joint owners file an intent-to-use application. One owner assigns the mark to the other before the mark is used. Improper assignment of an intent-to-use application or not? TTABlog has the answer. The text of this work is licensed under a Creative Commons… Continue reading
-
Due Diligence Matters
Pacific Coast Trailers, LLC v. Cozad Trailer Sales, LLC is a tale of failed due diligence. Reliance Trailer Manufacturing Corp. (“Reliance Mfg.”) owned the trademarks RELIANCE, STURDYWELD, ALLOY and COMET. It assigned the latter three, but not RELIANCE, to a sibling company, Reliance Trailer Co., LLC (“Reliance LLC”). Reliance LLC defaulted on some loans and… Continue reading
About Me
Learn more about me at my website, Chestek Legal
Recent Posts
Categories
- copyright
- domain name
- moral rights
- patent
- right of publicity
- social media
- trade dress
- trade libel
- trade secret
- trademark
- Uncategorized