• Posts Tagged ‘joint ownership’

    When Do You Exist?

    by  • October 14, 2010 • trademark

    Once I did some legal research on unincorporated associations. How do you know when you have one? Is your regular Friday night poker game an unincorporated association?  (My aunt played poker with the same people for 50 years – surely that was an unincorporated association.) What about when members change, what happens then? When...

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    It Should Be In the Public Domain

    by  • February 28, 2010 • copyright

    Artist Frank Gaylord created the bronze figures that are part of the Korean War Veterans Memorial.  He sued the U.S. Postal Service when a photo of the sculptures was used on a stamp. In take one, the Court of Claims split the baby, deciding that the photo was a fair use of the sculpture, but...

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    It Wasn’t the Royal “We”

    by  • July 28, 2009 • trademark

    Third Education Group, Inc. v. Phelps is a short, clean, decision on trademark ownership. Richard Phelps wanted to create a web-based journal and asked Thompson to join him in the endeavor. Phelps thought of the name “Third Education Group” and registered the trademark in his own name. The parties had a falling out and...

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    Quickly Decomposing

    by  • February 3, 2009 • patent

    Agreements that assign employees’ inventions to the employer are commonplace. O’Keefe v. County of St. Clair demonstrates why. Plaintiff John O’Keefe was an at-will Landfill/Resource Recovery Manager for the county landfill. Co-defendant CTI and Associates was a contractor at the landfill, working with O’Keefe on operations and landfill design. O’Keefe and the president of...

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    Who Owns the Mark?

    by  • July 22, 2008 • trademark

    There are few disputes more difficult to solve than deciding who owns a trademark after co-owners have a falling out. Family businesses seem particularly susceptible, my guess would be because they are started more casually without formal documents that even contemplate trademark ownership. European trademark blog Class 46 reports one way to solve the...

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