fraudulent registration
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Condition or Covenant? The Answer
I posed the question whether an overrun in a book printing was a breach of the copyright license granted for the use of photos in the book or just a breach of a covenant of the agreement. The court described the issue this way: According to Scholastic, “Corbis did not treat [Scholastic’s] ongoing, high-volume …… Continue reading
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A Trademark Cause of Action Absent Confusion
Sometimes it’s difficult to state a claim for a trademark ownership dispute. There is no cause of action per se for declaring or correcting ownership of a trademark.* Resolution of the ownership issue is almost always subsumed into the infringement claim, because the two warring parties are both trying to use the trademark and so… Continue reading
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