joint ownership
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At Least They’re Thinking About It
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 venture… Continue reading
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When Do You Exist?
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 does… Continue reading
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It Should Be In the Public Domain
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 also… Continue reading
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It Wasn’t the Royal “We”
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 ownership… Continue reading
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Quickly Decomposing
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 CTI… Continue reading
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Who Owns the Mark?
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 problem… Continue reading
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