• Posts Tagged ‘jurisdiction’

    Breach of a Copyright License in State Court

    by  • July 30, 2018 • copyright • 0 Comments

    It’s unusual to see what looks like a copyright case in state court, particularly one that reaches the highest court. It is Associated Management Services, Inc. v. Ruff, a license case in the Supreme Court of Montana. Plaintiff Associated Management Services provides payroll and business services to its parent company Associated Employer, a non-profit...

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    Infringement Without Confusion?

    by  • November 9, 2015 • copyright, trademark • 8 Comments

    It’s a simple case, but simple doesn’t mean you get to take shortcuts on the legal rationale. At the end of 1998 Ford and ThermoAnalytics entered into a License Agreement for RadTherm software for heat mapping. In the agreement, FGTI (Ford Global Technologies, Inc.) granted ThermoAnalytics an exclusive license to develop and commercialize “FGTI...

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    Jurisdiction Over a Patent Ownership Claim

    by  • July 30, 2015 • patent • 0 Comments

    Predator International, Inc. v. Gamo Outdoor USA, Inc. is a Tenth Circuit decision involving a patent infringement claim. PatentlyO reports on the appellate posture, explaining why the appeal ended up at the Court of Appeals for the Tenth Circuit rather than the Federal Circuit. But I’m more interested in the ownership aspect of it....

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    The Effect of Reed Elsevier v. Muchnick

    by  • December 22, 2014 • copyright • 0 Comments

    Section 411 of the Copyright Act says that “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.” In Reed Elsevier, Inc. v. Muchnick, the Supreme Court held that § 411 is a...

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    Why Can’t More Decisions Be This Short?

    by  • January 7, 2013 • patent • 0 Comments

    Short and to the point from the Federal Circuit: a reversion of the assignment of a patent as a remedy for a breach of contract claim does not give the Court of Appeals for the Federal Circuit jurisdiction to hear the appeal. Appeal transferred to the Fourth Circuit. Patently-O gives you the details here....

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    There Has to Be Confusion

    by  • June 7, 2011 • copyright, trademark

    Plaintiff DeliverMed transferred its marks for pharmaceutical delivery – “DeliverMed,” “Right at Home” and this logo to defendant Medicate Pharmacy as part of a joint business venture.  The venture failed, but Medicate Pharmacy continued to use the marks to promote its own business, enclosing a card bearing the marks with every prescription and using...

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