license defense
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Termination of a Public License
I’ve been thinking lately about the concept of a “license.” This is a typical statement of what it is: [A] license is not a contract; rather, a license is “permission to use a copyrighted work in a particular specified manner …” Saxelbye Architects, Inc. v. First Citizens Bank & Tr. Co., 1997 U.S. App. LEXIS… Continue reading
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It’s So Hard to Value Trademarks
It always gets interesting when an owner has incentive to make inconsistent claims about the same intangible asset in different venues. Say, for example, where you claim that copyrights are part of your deceased spouse’s estate to keep them out of bankruptcy and then try to claim you are the owner for purposes of a… Continue reading
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Sometimes Everyone DOESN’T Know What It Means
I have often wondered about the distinction commonly used in photography contracts for “editorial” use. I never quite knew what it meant, but then I’m not a specialist in that industry. Industries have their own terms of art and I figured that everyone who works in photography knows what kind of use crosses the “editorial”… Continue reading
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An Indispensable Owner
We know from Florida Prepaid that a State has sovereign immunity in federal intellectual property cases, so that it can only be required to appear in federal court if it has waived the immunity. This principle has ended a trademark infringement case before it got started. It’s an odd fact pattern. Plaintiff Richard Diaz, of… Continue reading
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