• Posts Tagged ‘license’

    Of Course There is Copyright in Tattoos

    by  • December 12, 2012 • copyright • 0 Comments

    From Tattoo Art Inc. website There is an unpublished decision out of the 4th Circuit that doesn’t cover any new ground legally but is timely, given the recent brouhaha over copyright in tattoos. Unremarkably, because I’m not sure how anyone could think differently, there is no discussion on the copyrightability of tattoos; that is...

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    Lack of Control as a Shield

    by  • September 23, 2012 • trademark • 0 Comments

    You are undoubtedly familiar with the concept that the lack of control over the quality of the goods and services with which a mark is used can mean that the trademark is abandoned (recursive link alert) by the trademark owner.  But in East West, LLC v. Rahman, the lack of control was instead used...

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    You Really Need It Signed

    by  • May 31, 2012 • copyright

    If you snoozed through biz org class in law school thinking that you weren’t going to be a transactional lawyer, perhaps you better go back and brush up on the law of agency. That’s what snagged Universal Music Group and its related company, UMG Recordings. That, and the pressure to get the deal done....

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    Salba United

    by  • May 19, 2012 • trademark

    I previously blogged about a case, Salba Corp. v. Ralston, where there were two different owners of SALBA-formative marks.  Salba Corp. owned the trademark SALBA (a varietal of chia seed) and the Ralstons then assigned their SALBASMART and SALBA BALANCE marks to Salba Corp. with a license back and a reversion if Salba Corp....

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    I Learned What “Dubitante” Means

    by  • April 21, 2012 • patent

    For purposes of patent standing, there are generally three categories of ownership described: patent owner, exclusive licensee, and non-exclusive licensee. The first has the right to sue, an exclusive licensee must join the assignee in any patent infringement suit, and the non-exclusive licensee has no standing at all. But the first category can be...

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    The Missing Inventor

    by  • April 15, 2012 • patent

    I love cases where the defendant goes back and finds another potential inventor. Stemcells, Inc. v. Neuralstem, Inc. shows some of the ways this can play out – in this case, standing, and the rarely-invoked bona fide purchaser in good faith defense. The patents in dispute are 7,115,418entitled “Methods of proliferating undifferentiated neural cells”...

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    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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