• Posts Tagged ‘Billy-Bob Teeth’

    The 2d Circuit Is Part Way There on Eden Toys

    by  • August 1, 2016 • copyright • 0 Comments

    I have long complained about a defense that comes up in copyright cases, originating with the Second Circuit’s Eden Toys, Inc. v. Florelee Undergarment Co. Eden Toys involved a challenge to standing based on the timing of of an exclusive license. The case has heavily-quoted language about the challenge: In this case, in which...

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    Whoa, Harsh

    by  • November 15, 2013 • copyright • 0 Comments

    Not necessarily wrong, but harsh. The outcome is clearly contrary to the contracting parties’ intent, and a third party, an accused infringer, reaps the benefits. Non-party Roman Martinez, Sr. was the author of two songs, Buscando Un Cariño and Morenita de Ojos Negros. On June 5, 1981, he and his band El Grupo Internacional...

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    Litigation as Commercial Strategy

    by  • November 6, 2013 • copyright • 0 Comments

    In Complex Systems, Inc. v. ABN AMRO Bank N.V., plaintiff CSI licensed its Banktrade software to an ABN AMRO (“ABN”) information technology subsidiary (“IT”) for use by the entire ABN enterprise. The case arose because ABN sold IT, along with the license, to Bank of America but ABN nevertheless continued to use the software. IT...

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    Update: “What is an ‘E-Signature’?”

    by  • July 18, 2013 • copyright • 1 Comment

    I previously wrote about a case, Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., involving the assignment of copyrights by uploading photographs to a website. In it, the district court held that uploading a photograph was the equivalent of signing an agreement under the E-Sign Act. I was unhappy with the...

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    Billy-Bob Teeth Bites Again

    by  • February 19, 2013 • copyright • 0 Comments

    I recently wrote about the difference between standing in patent cases and copyright cases, and the always erudite Ron Coleman over at Likelihood of Confusion contributed on the topic. There is, in my mind, a flaw in copyright jurisprudence that essentially bars a defendant from challenging the chain of title for ownership of a...

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    Standing is a Lot Easier for Copyrights

    by  • January 16, 2013 • copyright, featured, patent • 0 Comments

    I’m curious about the different legal standards that the courts apply in patent versus copyright cases when deciding whether a plaintiff who acquired the rights through transfer has standing. Patent law seems draconian, as exemplified by Abraxis Bioscience, Inc. v. Navinta, LLC.  In Abraxis (blogged here and here), standing for a patent infringement suit...

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    Copyright Owner, Employee, or Both?

    by  • August 22, 2010 • copyright

    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...

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