Property, intangible

a blog about ownership of intellectual property rights and its licensing


  • When Are You a “Distributor”?

    There’s a presumption in manufacturer-distributor cases that the manufacturer owns the mark. Is the presumption deserved? What is fundamentally different between a manufacturer-distributor relationship and one where a company contracts for the manufacture of its product (an OEM relationship), when there isn’t the same presumption? Does it fall into one category or the other just […] Continue reading

  • Fraud is Very Popular

    John Welch at the TTABlog asks, would you have opposed? It’s another case where a claim of fraud was premised on the theory that the applicant wasn’t the owner of the mark. The applicant Galaxy Metal Gear, Inc. Direct Access Technology, Inc. (DAT) applied for METAL GEAR for hard drive enclosures.  It had them manufactured […] Continue reading