breach of contract
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Copyright and the Right to Scrape Data
X Corp. v. Bright Data Ltd. is being reported in the press for an odd proposition, quoting this sentence: “X Corp. wants it both ways: to keep its safe harbors yet exercise a copyright owner’s right to exclude, wresting fees from those who wish to extract and copy X users’ content.”1 Um, no, which I’ll… Continue reading
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Don’t Be Too Agreeable
Plaintiff Tegu is a toy company. It hired defendant Vestal Design Atelier LLC to develop its first toy line. Vestal created prototypes for Tegu for blocks with embedded magnets. These are the relevant provisions on ownership of the intellectual property rights in the agreement: 2.0 Ownership of Intellectual Property. 1. Ownership. Intellectual property rights of… Continue reading
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What’s a “Trolley Pub,” You Ask?
I’m SO glad you did, because I can tell you all about the Trolley Pub® transport services – note the care with which I’ve used the term as a trademark, although I will dispense with any effort to use it in adjective-noun form from now on. The Trolley Pub is a pedal-powered street trolley for… Continue reading
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So Many Ways to Lose
The Trademark Blog tweeted CRYE v. DURO Would’ve liked to see discussion whether there can be protectable trade dress in a camoflage patternhttps://t.co/kF0jDU0gL8 — TrademarkBlog (@TrademarkBlog) April 30, 2016 Oh, but there are so many ways that the plaintiff was going to lose this lawsuit, and whether camouflage can have secondary meaning is so ordinary.… Continue reading
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Infringement Without Confusion?
It’s a simple case, but simple doesn’t mean you get to take shortcuts on the legal rationale. At the end of 1998 Ford and ThermoAnalytics entered into a License Agreement for RadTherm software for heat mapping. In the agreement, FGTI (Ford Global Technologies, Inc.) granted ThermoAnalytics an exclusive license to develop and commercialize “FGTI Licensed… Continue reading
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How to Write a Well-Pleaded Complaint
The Lanham Act provides a federal cause of action for trademark registration and infringement, including for infringement of unregistered (so-called “common law”) trademarks. It is well-accepted, though, that the Lanham Act doesn’t preempt state law on the subject; all states* have laws providing for registration at the state level and an infringement cause of action.… Continue reading
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Who Owns the Pen Name?
John Welch recently blogged about a case in the Southern District of New York where a trademark registration was cancelled for fraud. The case has an interesting twist, because the fundamental question really was: who owns a pen name? Plaintiff Melodrama Publishing, LLC and defendant Danielle Santiago entered into two contracts for Santiago to write… Continue reading
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Waiting Too Long
Medical Products Laboratories, Inc. v. Premier Dental Products Co. had the makings of a good tale about joint ownership of a trademark, but alas, it was decided on a statute of limitations basis rather than anything more substantive. Maybe we’ll see something later in the state court. Medical Products was a contract manufacturer for Premier… Continue reading
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