bankruptcy
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Bringing a Copyright Suit Is Not as Easy as It Looks
Here’s an exercise in frustration that killed a copyright infringement lawsuit twice: 1993, 1995, 1996, 1997, and 1998 – Plaintiff Kunkel creates copyrightable works. November 2001 – Kunkel files bankruptcy. Does not list copyrights as part of estate.February, 2003 – Kunkel files copyright applications for works created pre-bankruptcy in his own name.March, 2006 – Bankruptcy… Continue reading
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Why Does a Subsidiary Need a License Agreement?
Bankruptcy. Not sure it would have made a difference in the outcome here, but it might have helped. Ham’s Inc., a wholly-owned subsidiary of Chelda, Inc., operated restaurants under the “Ham’s” brand: Ham’s Inc. filed for bankruptcy and RCR Marketing, LLC bought all of Ham’s “right, title and interest in the assets, property and rights,… Continue reading
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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
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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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Who Will Win – Doctrine or Pragmatism?
Some cases make you wonder and UFA Holdings, Inc. v. Performance Acquisition Group Company is one of them. It’s newly filed in Oregon, as reported by local news channel KTMR.com. The first “G.I. Joe’s” store opened in 1947 and ultimately grew to a chain of 27 stores. As told in the plaintiff’s memorandum in support… Continue reading
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Trademark License or Trademark Assignment?
In suit is what’s styled as a license to use the mark BUTTERNUT for bread in parts of Illinois. Interstate Bakeries (IBC) is the record owner of the BUTTERNUT mark and Plaintiffs Lewis Brothers Bakeries Inc. and Chicago Baking Company (LBB/CBC) use the BUTTERNUT mark. Interstate is currently in bankruptcy, which means it can reject… Continue reading
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The Restaurant Owns It, of Course
When the dispute over the ownership of the name of the famous restaurant “Tavern on the Green” started, I posted a poll asking whether the restaurant or New York City owned the name. The results are in, with responses overwhelmingly in favor of the restaurant, 93% to 6% (okay, well there were only 15 votes).… Continue reading
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Who Owns “Tavern On the Green”?
The New York Times is reporting that New York City has reversed its original opinion about whether it or the soon-to-be-ousted lessee of the building owns the trademark “Tavern on the Green.” According to the article (registration required), when the City originally put the lease out for bids it said that it could not convey… Continue reading
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Get a License
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 complaint… Continue reading
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