assignment
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Yes, I Might Have
Petitioners, circa 1988 John Welch at the TTABlog added a new category, “Would You Have Petitioned?” In the case of Augustine’s Spiritual Goods, Inc. v. Augustine’s Eternal Gifts, LLC, maybe I would have. The decision as argued and decided was a no-brainer, but it looks like there’s a disconnect between the case that was argued… Continue reading
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A Contract Isn’t “Intellectual Property” Just Because You’ve Named It That
Thanks to Bill Bryner at Kilpatrick Stockton for a report on a recent 4th Circuit decision. It’s about copyright and furniture, which leads to discussion of some of the more unusual intellectual property legal theories. I’m interested in the challenge to ownership of the copyright in the furniture designs. In 1994, a predecessor company, Universal… Continue reading
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Bona Fide Purchaser in Good Faith
ZDNet reports that there will be a new “Commodore 64” computer. It’s being described in a press release (scroll to August 25, 2010 entry) as an updated computer in “an exact replica of the original beige chassis Commodore C64.” Original Commodore 64. Photo: Bill Bertram (http://en.wikipedia.org/wiki/User:Pixel8).Photo licensed under CC-BY-SA But hat tip to whoever had… Continue reading
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Awesome Job by Ryan Gile at Las Vegas Trademark Attorney
Wow. Ryan Gile at the Las Vegas Trademark Attorney has written a 3,700 word tome, with diagrams, on the convoluted and complicated (an understatement) ownership interest in the trademark “Tropicana” for hotels. I can’t begin to imagine how long it took to write it, much less understand all the transactions before being able to write… Continue reading
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Copyright Owner, Employee, or Both?
Ashley Gasper has several hats. He is an adult film star using the stage name Jules Jordan. (Not what you think, it’s a USPTO link. Click away.) He is the president and sole shareholder of Jules Jordan Video, Inc. (innocent too – Wikipedia), the creator of the videos in which Gasper stars. He produces,… Continue reading
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Screwed, But Not a Federal Problem
There’s a tale here. Unfortunately for plaintiff, not enough to make a federal case. The plaintiff, G & F Licensing Corporation (GFLC), claims to be a successor company to the Gordon & Ferguson Company, the original owner of the mark FIELD & STREAM for apparel. The current record owner is Field & Stream Licenses Co.,… Continue reading
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It’s the Little Things
There’s a pretty interesting older decision about ownership of the “MG” (as in cars) trademark that serves up some good drafting lessons. The story starts with the failure of the MG Rover Group, owner of the “MG” mark. The Nanjing Automobile (Group) Corporation (“NAC China”) bought the MG brand, but a man named William Riley… Continue reading
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Not Much Hope Left
Fifty Six Hope Road Music Limited, Inc. is the legal entity that owns the rights to reggae singer Bob Marley’s name, likeness and trademarks. It’s pretty familiar with defending those rights and pretty successful at it. Massachusetts case Jürek Zamoyski v. Fifty-Six Hope Road Music Limited, Inc. gives us some insight into what steps Fifty-Six… Continue reading
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AU Optronics Indeed Has Standing
So who owns the patent? “On the record presented, the Court concludes that AUO has demonstrated by credible chain of title evidence that it is the assignee of” U.S. Patent No. 6,689,629. Apparently realizing its potential problem, IBM US had also filed assignments from the inventors to IBM US in May 2007 (the lawsuit was… Continue reading
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Who Owns the Patent?
Here’s the assignment history, you be the judge: 1960: IBM Japan enters into a patent assignment agreement with IBM World Trade. January 1, 1963: IBM acquires from IBM World Trade all patents IBM World Trade has or thereafter acquires. June 25, 1981: amendment to 1960 agreement in between IBM Japan and IBM World Trade, stating… Continue reading
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