• Posts Tagged ‘joint ownership’

    If There’s No Evidence, How Do You Decide?

    by  • November 18, 2013 • trademark • 1 Comment

    I often write about cases where there are two claimants to the same trademark. We’re still struggling with the fundamental doctrine that should apply in the situation, and because we’re struggling it means that the litigants may not capture or offer evidence that the fact finder needs in order to decide. Which is what...

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    It’s Hard to Get Copyright Standing Right

    by  • March 27, 2013 • copyright • 1 Comment

    I gotta think that book publisher Pearson Education has lousy recordkeeping. I found 10 reported cases filed against it, not including this one, alleging that Pearson Education exceeded the scope of the license for photographs it uses in books. The plaintiff in Minden Pictures, Inc. v. Pearson Education, Inc. claims “that Pearson has been...

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    Co-ownership Is Not Privity

    by  • November 20, 2012 • copyright • 0 Comments

    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...

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    Be Careful When You Threaten

    by  • August 26, 2012 • trademark

    Photo from Grand Rapid Press Here’s one to wrap your head around, courtesy of the IPKat. Cedar Springs, Michigan has heretofore been the “Red Flannel Town,” as evidenced by the sign to the left. The logo was used by the town on city vehicles, the cemetery, its letterhead, and in its town seal. The...

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    1.65% of 33% Ownership

    by  • June 29, 2012 • trademark

    Marques Class 46 Blog reports on a decision out of Poland that I struggle with conceptually.  There were three joint owners of the trademark SILMENT.  One of the joint owners assigned 1.65% of his 33% ownership to his son. This is where I’m struggling.  What does an approximate 1/2% ownership interest in a trademark...

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    Way Too Many Co-owners

    by  • May 23, 2012 • trademark

    International Importers v. International Spirits & Wines, LLC is, at bottom, a manufacturer-distributor dispute. It’s also a lesson in how not to handle trademark ownership. Fernbrew Pty. Ltd. Corp., an Australian company, is the owner of trademark registrations for WALLABY CREEK for wine in Australia, New Zealand, the EU, and Canada, but the U.S....

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    Assignment or License?

    by  • January 19, 2012 • copyright

    I last wrote about the licensing rights of a joint copyright owner as discussed in Corbello v. DeVito. The same case also had two agreements that the court needed to construe before deciding who owned what rights in the copyright. Plaintiff Corbello is the widow and heir of Rex Woodard, who wrote an authorized...

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    Sybersound Records Takes Some Hits

    by  • January 16, 2012 • copyright

    Sybersound Records, Inc. v. UAV Corp. is a 2008 Ninth Circuit decision on joint copyright ownership that wasn’t well-received by either Nimmer on Copyright or Patry on Copyright. In Sybersound, the court held that the transfer of an interest by one joint owner of a copyright could only be a non-exclusive license, not an...

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    Not Just Ownership, Authorship

    by  • September 29, 2011 • copyright

    Plaintiff Chris Sevier, owner of Severe Records, LLC, collaborated with artist Shanna Crooks on two songs,“Better” and “Watching Me Leave,” the extent of the collaboration on the songs and the sound recordings TBD.  Both of them distributed the sound recordings.  Next was the expected falling out, and Shanna Crooks’ new management company accused Sevier...

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    At Least They’re Thinking About It

    by  • November 28, 2010 • trademark

    Neil Wilkof writing for the IPKat recently posted about joint ownership of a trademark, in particular what termination options might be available when the relationship falls apart.  He’s done a great job wrestling down the pros and cons of the various ways one can deal with the disposal of the trademark once a joint...

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