Property, intangible

a blog about ownership of intellectual property rights and its licensing

claim preclusion

May 9, 2022

The Opposition, Cancellation and District Court Trifecta

Here we have multiple businesses originally operated by a husband and wife, now divorced and now adverse to each other, and the same rights to the same trademark litigated in three different venues. There are a couple of lessons here. One, put forward your best case at the TTAB. If you lose at the TTAB… Continue reading

trademark

assignment, chain of title, claim preclusion, exclusive license, issue preclusion
June 22, 2011

Privity as a Sword

Awhile back I reported on a case where a jus tertii defense was allowed to go forward. The defendant, Baroody Imports, claimed that its licensor, Orouba Agrifoods Processing Company, an Egyptian company and not a party to the suit, really owned the “Basma” trademark Baroody was accused of infringing, not plaintiff United Food Imports. But… Continue reading

trademark

Baroody, basma, claim preclusion, jus tertii, res judicata, United Food

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