• Posts Tagged ‘licensing’

    Missing the Question

    by  • April 10, 2011 • copyright

    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...

    Read more →

    Why the Paperwork is Important

    by  • March 21, 2011 • trademark

    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...

    Read more →

    Revoking an Implied Nonexclusive Copyright License

    by  • March 16, 2011 • copyright

    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...

    Read more →

    Bar Napkins Aren’t the Best Kind of Contract

    by  • March 5, 2011 • trademark

    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...

    Read more →

    Why Does a Subsidiary Need a License Agreement?

    by  • December 23, 2010 • trademark

    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...

    Read more →

    The Hard Rock Hotel Fires Back

    by  • November 21, 2010 • trademark

    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:...

    Read more →

    The Things You Need a License For

    by  • October 24, 2010 • copyright

    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...

    Read more →

    Is “Waji” Confusingly Similar to “Uwajimaya”?

    by  • September 25, 2010 • trademark

    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...

    Read more →

    Numb Nuts

    by  • August 31, 2010 • copyright

    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...

    Read more →