• Posts Tagged ‘implied license’

    The Scope of the License

    by  • May 1, 2018 • copyright • 0 Comments

    The opinion is sparse on the facts and the law, so we have to do some interpretation. But it’s worth some thought about how the court construed the scope of an implied copyright license. Defendant Kushner wrote software for plaintiff Vickerman Co. Their relationship ended, Vickerman Co. sued Kushner (the court doesn’t say why,...

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    Not His First Time at the Rodeo

    by  • January 20, 2015 • trademark • 0 Comments

    In 1992, plaintiff Oleg Pogrebnoy began publishing a Russian language newspaper in New York titled in Cyrillic “KYPbEP,” which translates as “courier”; Pogrebnoy also later used the word “Kurier.” Pogrebnoy claimed ownership of the unregistered trademarks through a chain of transactions, starting with his own use in 1992, through five different companies (probably all...

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    “Dope” Is Not Language of Acceptance

    by  • November 8, 2013 • copyright • 3 Comments

    You probably don’t need to be told this, but just in case you had any doubt: “dope!” is not “clear, unambiguous and unequivocal” acceptance of an offer as required under New York law. The court didn’t say it categorically, but I’m going out on a limb here and say no matter what the context,...

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    But What’s the Scope of the License?

    by  • March 29, 2013 • copyright • 0 Comments

    One of the reasons for creating a written contract is to force the parties to consider the scope of the relationship into which they are entering. In an oral or implied license, though, the parties probably haven’t really fully thought out what their relationship is going to be. Which makes implied contracts litigation fodder....

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    There Aren’t Regular Work Hours Anymore

    by  • April 29, 2012 • copyright

    I haven’t seen a lot of material to blog about, so I’ve resorted to writing about a fairly ho-hum case, albeit a court of appeals decision, albeit an unpublished one. Unless you have a compulsion to read all work-made-for-hire decisions, or at least those involving software development, you can probably just move on. I...

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    “Hustler is Larry Flynt, You Know”

    by  • November 6, 2011 • trademark

    The Flynt family, of HUSTLER fame, has been embroiled for years in several lawsuits over the ownership of the business and use of the HUSTLER mark. As you might expect for a business based on pornography, the corporate form was ever-changinga “morass” as described by the court—as the family tried to limit its liability,...

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