exclusive license
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The Court of Appeals Confirms “Registrant” Means What It Says
I’ve already written a couple of times about Federal Treasury Enterprise Sojuzplodoimport v. SPI Spirits Ltd. The plaintiff in the case, FTE, manages the STOLICHNAYA trademark on behalf of the Russian government. The first time the case went to the Court of Appeals, the appeals court reversed the trial court and held that the incontestability… Continue reading
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It’s Hard to Be a Copyright Troll
I previously reported on a pending case, Contra Piracy v. Does 1-2919, where the court very quickly raised the issue of standing – sua sponte, because it’s still a John Doe case. The savvy court suspected something was up and put the plaintiff to its proof. Owning the bare right to sue isn’t enough for… Continue reading
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A Patent Owner Who Doesn’t Own the Patent
I’ve often written about the various categories of potential plaintiffs in patent infringement suits. Depending on what rights a licensee acquired, it may or may not have constitutional standing to bring a patent infringement lawsuit. A new case, CopyTele, Inc. v. E Ink Holdings, Inc., comes at it from a somewhat different angle — here,… Continue reading
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How to Do an E-Signature Right
For a two-week period of time, from July 16, 2012 through August 8, 2012, Craigslist presented users with the following statement when submitting a post: Clicking “Continue” confirms that craigslist is the exclusive licensee of this content, with the exclusive right to enforce copyrights against anyone copying, republishing, distributing or preparing derivative works without its… Continue reading
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The Benefit of the Bargain
We routinely include arbitration provisions in agreements and I often wonder whether an arbitration is really any easier or cheaper than litigation. But what I didn’t realize before was how much latitude arbitrators have in what they can award, including, in this case, reforming the contract to grant a license far beyond what either party… Continue reading
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One Famous Mark, Two Owners
You all know that I’ll be having a “what were they thinking!” moment when I see a trademark case with a caption something like Del Monte v. Del Monte. We’ll start with the court’s opinion on the wisdom of the arrangement: Continue reading
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Learn more about me at my website, Chestek Legal
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