co-ownership
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The Exemplar Case For Why Joint Trademark Ownership is Bad
According to McCarthy, “[w]hen there is a dispute over who owns a trademark, the worst possible solution is to allow mark ownership to be shared among the warring parties.” That is in the lastest opinion on the the YOGI marks, which I’ve written about many, many, many times before. The cases revolve around the rights […] Continue reading
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You Can’t Sue the Co-Owners of Your Trademark
It seems like a simple concept, maybe so simple it isn’t litigated much. You can’t sue the co-owner of your trademark. It’s a band name case (what else?), over “Get the Led Out,” a cover band of Led Zepplin. In 2002 Plaintiff Paul Piccari conceived of the idea to form a band and thought up […] Continue reading
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Co-ownership Is Not Privity
A co-owner of a copyrighted work sues for infringement of the work. The court holds that the defendant had been granted a license by another co-owner, not a party, and therefore there was no infringement. The non-party co-owner then sues for copyright infringement in a new suit. Collateral estoppel or not? “Not,” according to the […] Continue reading
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