• Posts Tagged ‘license’

    Words Matter

    by  • March 24, 2014 • patent • 2 Comments

    “You keep using that word. I do not think it means what you think it means.” William Goldman, The Princess Bride (1973). I’m starting a new category of posts, about agreements where their wording, upon examination by a court, didn’t manage to do what the parties probably had set out to do. First up...

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    One Cannot Put a Would-Be Franchise Back Together

    by  • February 10, 2014 • trademark • 0 Comments

    I was all stoked because one of the most complicated trademark ownership cases I’ve ever seen, C.F.M. Distributing Co. v. Costantine, was appealed to the Federal Circuit. Super! Clarification from a Court of Appeals on trademark ownership! Sigh. Affirmed under Rule 36 without an opinion. Oral argument here. The text of this work is...

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    The Value of Recording

    by  • July 2, 2013 • copyright • 0 Comments

    A company assigned the same copyright in a film to two different companies. Who owns it? The film is Italian classic La Dolce Vita: The parties agree that a a company called Cinemat S.A. was the owner of the copyright, by assignment from original producer Riama Films S.p.A. The problem arises with the next...

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    The Benefit of the Bargain

    by  • April 25, 2013 • copyright, trademark • 1 Comment

    We routinely include arbitration provisions in agreements and I often wonder whether an arbitration is really any easier or cheaper than litigation. But what I didn’t realize before was how much latitude arbitrators have in what they can award, including, in this case, reforming the contract to grant a license far beyond what either...

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