cancellation
-
Shocking Result – You Can’t Cancel a Registration the Other Party Doesn’t Own
“The issue before the Court is whether an entity other than the trademark registrant and owner may properly be sued for trademark cancellation.” And my head explodes. One owns a property, a trademark registration. A claim that the property right doesn’t exist can only be brought against the entity that claims to own the property […] Continue reading
-
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
-
Never Underestimate the Burden of Proof
Trademark examining attorneys occasionally make mistakes and often the error can’t be challenged once the trademark is registered.* In Vujovic v. Octop there was a clear procedural error and it was most likely outcome determinative. Two people worked together at a company called “Octop.” The opinion doesn’t have much information (because most of the evidence […] Continue reading
-
When a Logo Has Two Owners
The last two posts were about a case, DeliverMed Holdings, LLC v. Schaltenbrand, involving ownership of a logo. In the first post, it turned out that the copyright in the logo was still owned by the designer, not the company using the logo. @WatermarkIAM tweeted a caution: “You must make sure #copyright ownership is clear […] Continue reading
-
Litigation Strategy
Here’s a TTAB case that I think presents an interesting procedural question. The situation: Bello Fitness Ltda, petitioner, is a Brazilian clothing manufacturer. It owns the BODY UP mark in Brazil and had a relationship with non-party Body Up, LLC to distribute the BODY UP clothing in the U.S. Fernando Homem da Costa Filho was […] Continue reading
About Me
Learn more about me at my website, Chestek Legal
Recent Posts
Categories
- copyright
- domain name
- moral rights
- patent
- right of publicity
- social media
- trade dress
- trade libel
- trade secret
- trademark
- Uncategorized