• Posts Tagged ‘assignment’

    Stitch in Time

    by  • August 7, 2009 • copyright, trademark

    Changes of ownership of intellectual property rights are sometimes done in a series of transactions all executed at generally the same time. For example, when acquiring assets, they might first be assigned to an acquisition company, the acquisition company merged into the purchaser, the seller dissolved, and the purchasing company’s name changed to the...

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    Get a License

    by  • July 24, 2009 • trademark

    Ryan Gile, the Las Vegas Trademark Attorney, reports on an interesting and complicated new lawsuit revolving around the ownership of the mark TROPICANA – for casinos and hotels, not orange juice. “The Tropicana’s famous roadside sign, a Las Vegas landmark dominating the Strip and welcoming arriving guests for a half-century.” (from the complaint). The...

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    Is a Name Necessarily a Mark?

    by  • June 30, 2009 • trademark

    (Joseph Abboud, 2005) In 2000, Joseph Abboud sold at least the trademarks for “Joseph Abboud” to his former company, JA Apparel Corp. Others have blogged on the Second Circuit’s reversal of the district court decision that had stopped menswear designer Joseph Abboud from using his own name to promote a new line of clothing...

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    Uh-oh Moment

    by  • June 19, 2009 • trademark

    Terra Sul Corp. a/k/a Churrascaria Boi Na Brasa v. Boi Na Braza, Inc. is one of those “uh oh” cases. It’s a fairly routine examination of a petitioner’s first use date to determine who is senior user of the mark. The “uh oh” is a theory that the mark, when transferred from the sole...

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    “Filed,” Not “Executed”

    by  • June 18, 2009 • trademark

    It pays to read the statute sometimes. If the statute says “the applicant shall file in the Patent and Trademark Office . . . ,” having the former applicant file it isn’t going to work. The former applicant signed the document before it assigned the mark, but then filed the document after the assignment...

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    Cut Your Losses

    by  • May 28, 2009 • copyright

    The Exclusive Rights blog reports on a case from the Supreme Court of Indiana, where one company hired another to design and host its web site. An often-told story; the hiring company stopped paying the bills and the designing company shut down the web site, then sued on the bill. In response, the defendant...

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    Automatic Assignment or Agreement to Assign?

    by  • May 11, 2009 • patent

    Patent numbers 5,138,459, 6,094,219, 6,233,010 and 6,323,899 had three named inventors, Marc Roberts, Matthew Chikosky and Jerry Speasl. They invented the subject matter of the patents while working for Mirage Systems, Inc., then formed their own company, Personal Computer Cameras, Inc. St. Clair Intellectual Properties invested in the company, and when Personal Computer Cameras...

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    Well, It Was Probably Assigned

    by  • April 30, 2009 • trademark

    The TTABlog reports on a case about the mark RUSSKAYA for vodka that addresses two different attacks on trademark ownership. One is a fairly standard charge of abandonment. The second is a standing attack, based on a claim that the intent to use trademark application was improperly assigned. Under Section 10(a)(1) of the Lanham...

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    The Unmentioned

    by  • April 23, 2009 • patent

    Here’s a patent assignment, in its entirety: I, JACK BENNETT, . . . do hereby sell and assign to VECTOR CORROSION TECHNOLOGIES LTD. . . . all my interest in the United States, Canada and in all other countries in and to my US, Canadian, and European applications for patents and issued U.S. patent,...

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