breach of fiduciary duty
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“By Operation of Law” Addendum
I recently chided a court for not recognizing that one of the parties was claiming ownership of copyright “by operation of law,” specifically “under the operation of California law … governing partnerships, promoters, agents, fiduciaries and cofounders, not as a question of employment, work for hire … or joint work.” The court never reached the… Continue reading
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“By Operation of Law”
I’m seeing what I believe is a misunderstanding of the statutory section describing transfer of copyright. Section 204(a) of the Copyright Act, titled “Execution of Transfers of Copyright Ownership,” says A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of… Continue reading
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Patent Ownership Not a Federal Question (at least in this case)
Is patent ownership a question of federal law? It depends. In the case of Millepede Marketing Ltd. v. Harsley, it’s not. The recent Supreme Court decision Gunn v. Minton* provides the analytical framework: a matter is one for federal jurisdiction if (a) federal law creates the cause of action asserted or (b) a federal issue… Continue reading
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The Danger of Overreaching
drawing and specimen for plaintiff’s trade dress registration Plaintiff Lauren Brenner started Pure Power Boot Camp, a military-style exercise facility. She hired the defendants and they decided to start a competing business called Warrior Fitness Boot Camp. The defendants behaved despicably; while still her employees they had one’s client/girlfriend promote Warrior Fitness to Pure Power… Continue reading
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Giving An Idea to Your Employer
If an employee has a pre-existing idea that he or she brings to the employer, who owns it? At first blush it seems pretty easy, that the employee would own it. What, though, if the employer puts time, effort and money into developing the idea, then what? This is the situation in Woodfords Family Services,… Continue reading
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- moral rights
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- social media
- trade dress
- trade libel
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