joint ownership
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When Trademark and Estate Don’t Mix
What a dispute. I’ve written before (recursive link) about the dispute over the ownership of the mark YOGI for at least tea. I say “at least” because what seems to be missing from the four (or more) lawsuits that involve the trademark is the concept that a trademark has something to do with goods and… Continue reading
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The Wrist-Rocket Factors
Small businesses or community organizations, like restaurants or well-meaning citizens running a charitable fund-raising event, often don’t have many formalities around their operation, so when there is a dispute over the ownership of the name it’s bound to be very messy. But I don’t think there is any more vexing trademark ownership situation than that… Continue reading
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If There’s No Evidence, How Do You Decide?
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 happened… Continue reading
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It’s Hard to Get Copyright Standing Right
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 sued… 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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Be Careful When You Threaten
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 story*… Continue reading
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1.65% of 33% Ownership
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 actually… Continue reading
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Way Too Many Co-owners
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. trademark… Continue reading
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Sybersound Records Takes Some Hits
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 assignment… Continue reading
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