• Posts Tagged ‘license’

    The Contract Without End

    by  • August 16, 2016 • copyright • 6 Comments

    This case relates to some kind of intellectual property, denominated in the agreement as “copyright” and “industrial design” rights, although the true nature of the rights was not examined by the court. It’s a mess of a problem, with a “solution” that turned out not to work quite as the parties planned. I’ll set...

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    I Called It (Sort of)

    by  • March 28, 2016 • trademark • 0 Comments

    I previously wrote about a case, Uptown Grill, L.L.C. v. Shwartz, with some boobery in the sale of a single-locale restaurant. There were two relevant documents, a Bill of Sale and a trademark license agreement, entered into 16 days apart. The Bill of Sale was between seller Shwartz and Uptown Grill LLC in exchange...

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    What the Paperwork Says

    by  • March 7, 2016 • trademark • 5 Comments

    Here’s an utterly confusing situation, which I suppose is why there has been an arbitration, two lawsuits, and an appeal to the 9th Circuit with an unpublished decision. People, get the paperwork right. The situation involves Camelot Hair Care Products LLC, a woman named Nina Parkinson, and Robanda International Inc. A person named Tony...

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    The Security Interest Quiz Answer

    by  • January 20, 2016 • copyright • 0 Comments

    I previously offered a quiz asking you to decide who, between a secured party and a licensee, owned the rights in an improved version of software. And the answer is — Pro Marketing, owner of the security interest. I missed it, but it is a straightforward answer. The key is that the collateral included...

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    A Security Interest Quiz

    by  • January 18, 2016 • copyright • 1 Comment

    Priva Technologies didn’t do well in its business. It financed its business, first, by taking a loan and granting a security interest in assets, including in its software, and second, as part of a reorganization, by assigning the improvements in the software to a licensee. Then it shuttered. Who owns the improvements? The original...

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    Not His First Time at the Rodeo

    by  • January 20, 2015 • trademark • 0 Comments

    In 1992, plaintiff Oleg Pogrebnoy began publishing a Russian language newspaper in New York titled in Cyrillic “KYPbEP,” which translates as “courier”; Pogrebnoy also later used the word “Kurier.” Pogrebnoy claimed ownership of the unregistered trademarks through a chain of transactions, starting with his own use in 1992, through five different companies (probably all...

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    It’s So Hard to Value Trademarks

    by  • July 7, 2014 • trademark • 1 Comment

    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...

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