• Posts Tagged ‘license’

    Who Owns the Mark Used by a Bunch of People?

    by  • December 15, 2011 • trademark

    Like life, trademark ownership can get complicated.  About a year and a half ago I reported on a brewing dispute over the ownership of the trademark YOGI TEA. Golden Temple of Oregon (GTO) sued Wai Lana Productions for trademark infringement of its YOGI and YOGI TEA mark. Wai Lana defended itself on the basis...

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    It Seemed Like a Good Idea at the Time

    by  • December 4, 2011 • trademark

    Popeye vs. Popeyes: the owner of Popeyes “quick service” restaurants, AFC Enterprises, Inc., has filed a Complaint for Declaratory Judgment asking the court to declare that it, not the Hearst Corporation, owner of the Popeye cartoon character, is the owner of the trademark POPEYES for restaurant services. The dispute exists because AFC Enterprises originally...

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    Litigation Strategy

    by  • November 25, 2011 • trademark

    Here’s a TTAB case that I think presents an interesting procedural question.  The situation: Bello Fitness Ltda, petitioner, is a Brazilian clothing manufacturer.  It owns the BODY UP mark in Brazil and had a relationship with non-party Body Up, LLC to distribute the BODY UP clothing in the U.S. Fernando Homem da Costa Filho...

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    An Assignment that Works Like a License

    by  • October 17, 2011 • trademark

    You’ll recall that there was a dispute over the ownership of the name of the famous Central Park restaurant “Tavern on the Green.”  The restaurant owner owned two registrations for “Tavern on the Green” marks, one for restaurant services (the “Restaurant Mark” and “Restaurant Registration”) and one for oils and dressings (the “Oil and...

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    Trick Question

    by  • July 31, 2011 • trademark

    A debtor-in-possession had a contract it wanted to assign. The contract included a trademark license, but it was somewhat unusual in structure. For starters, it was a trademark sublicense, not a direct license, for the mark “Jag Jeans”: There is no registered trademark for “Jag Jeans,” although there are several for “Jag” owned by...

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    The Coup de Grâce for Pooh?

    by  • June 19, 2011 • copyright, trademark

    One opposed mark The TTABlog brings us the last (?) chapter in the Winnie the Pooh story – well, it’s the last pending action at least, after a state court litigation, an appeal of it, a federal court litigation, and an appeal of it, all of which SSI lost.  But never say never. The...

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    Invention Assignment and Shop Right

    by  • May 29, 2011 • patent

    I don’t follow patent law as attentively as I do copyright and trademark, but I don’t recall seeing too many shop right cases.  Maybe this is ordinary stuff, but it was new to me. First though is the dispute over who owned the invention, the employee or the employer. Normally it’s pretty well defined...

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