licensing
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Missing the Question
Sometimes decisions seem expedient instead of right, albeit perhaps no harm, no foul. VocalSpace, LLC v. Lorenso is one of those decisions. Defendant Daniel Lorenso is a software developer and former employee of plaintiff VocalSpace, a company that designs web-based internet marketing and streaming media systems. VocalSpace claimed that Lorenso “stole” VocalSpace’s source code and… Continue reading
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Why the Paperwork is Important
Defendant River West Brands LLC is a company that, in its own words, “identifies, acquires, redevelops, and monetizes iconic brand intellectual property that is significantly distressed.” In other words, its business is in zombie brands. I previously blogged on some of the methods the company uses here. It’s a business model with fairly significant challenges,… Continue reading
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Revoking an Implied Nonexclusive Copyright License
Jason Waggoner developed a software program in the 1990s. Later, he and two other shareholders created a company called Nearstar, Inc., which distributed “Dataserver” software which was based almost entirely on Waggoner’s software. Nearstar distributed the software for nine years, including versions 3.2, 4.0, 5.0, 6.0 and 6.2. Waggoner admitted that he granted Nearstar permission… Continue reading
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Bar Napkins Aren’t the Best Kind of Contract
You be the judge, and it’s not hard on this one. Dean Bach owned and operated “Dino’s Lounge” in Ferndale, Michigan. A bar in Northville, Michigan was on the blocks and Bach and a guy named Martinez bid against each other for it. Martinez’s bid was accepted, but he didn’t have experience running a bar.… Continue reading
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Why Does a Subsidiary Need a License Agreement?
Bankruptcy. Not sure it would have made a difference in the outcome here, but it might have helped. Ham’s Inc., a wholly-owned subsidiary of Chelda, Inc., operated restaurants under the “Ham’s” brand: Ham’s Inc. filed for bankruptcy and RCR Marketing, LLC bought all of Ham’s “right, title and interest in the assets, property and rights,… Continue reading
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The Hard Rock Hotel Fires Back
Photo by David Herrera Things are getting more interesting in Hard Rock Cafe International (USA), Inc. v. Hard Rock Hotel Holdings, LLC. As previously blogged, this is a spat between a trademark licensor and licensee where the licensor claims a breach of the license agreement. Hard Rock Hotel has fired back in its answer: The… Continue reading
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The Things You Need a License For
Yesterday I visited the Penland Gallery, an outstanding craft gallery associated with the Penland School of Crafts. There were several large moving mechanical sculptures that the viewer was invited to activate. Except this one: “PLEASE DO NOT HANDLE. THE ARTIST IS THE ONLY ONE LICENSED TO OPERATE THE BUBBLE MAKER.” There was no commercial bubble… Continue reading
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Is “Waji” Confusingly Similar to “Uwajimaya”?
Uwajimaya, Inc. claims that its business is known by the diminutive “Waji” and that it orally (uh-oh) licensed the Waji mark to Defendant Concourse Concessions LLC. Concourse Concessions apparently begs to differ on ownership, having successfully registered “Waji” in its own name. Which doesn’t explain its pending effort to register “Uwajimaya” too. Currently its application… Continue reading
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Why You Don’t Allow Assignment of Trademark License Agreements
Here’s a case caption that gives you pause: “Hard Rock Cafe International (USA), Inc. v. Hard Rock Hotel Holdings, LLC et al.” Ryan Gile at the Las Vegas Trademark Attorney has done the heavy lifting on figuring out who sued whom and why. It’s a license relationship gone sour: the original trademark owner sold the… Continue reading
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Numb Nuts
Ok, so the only reason I’m blogging about this case is so I can show the logo for Orange County Choppers (OCC), of “American Choppers” fame. As logos go, it’s one of the best ones out there. Which may explain why there’s a lawsuit revolving around OCC merchandise. It all started in 2003, when OCC… Continue reading
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