Not signing the agreement wasn’t fatal to the plaintiff’s claim, but it might have avoided the lawsuit altogether. Plaintiff Olson Kundig is an architectural firm whose owner and design principal is Tom Kundig. Defendant 12th Avenue Iron is a custom architectural metalwork fabricator owned by Stephen Marks. In 2009 Kundig and Marks decided to...
Read more →There’s something that doesn’t seem right about this case, but then it’s a band case. Those are in their own trademark world. This one is about The Rascals. The original members of The Rascals (originally known as The Young Rascals), formed in 1965, were Felix Cavaliere, Gene Cornish, Eddie Brigati and Dino Danelli: (Dig...
Read more →I have written once before about the disputing members of the band RATT. I’ll remind you again about who they are, mostly because this video makes me smile every time I watch it: WBS, Inc. claims to be the successor-in-interest to the trademark RATT, by assignment from the predecessor partnership that consisted of the...
Read more →We have one of my favorite things, a chain of title case, and one about a band name to boot. Usually band name cases are pretty ugly, about a bunch of people getting together without any legal formalities. But this is not that case. We have the 80’s glam band RATT (official website –...
Read more →Who the true trademark owner is, as between a member of an LLC (or shareholder of a close corporation) and the entity that the person owns, can be a vexing question. When there are only one or two owners of an entity the lines are very blurry—see here and here and here and here...
Read more →One thing that’s sure to make my eyes roll back into my head is the word “Drifters” in a case caption. Westlaw has 13 cases listed, 8 federal, 3 state and 2 TTAB. Now the TTAB has had another crack at it, including looking at evidence that goes all the way back to the...
Read more →We have an interesting “employed to invent” story which arose in what I suspect can be the most common of situations—two people invent a product, form a company to commercialize it, file a patent application, and then have a falling out before the patent application is even completed. Who owns the patent? In Legacy...
Read more →John Welch at the must-read site The TTABlog published a post about a recent ownership decision, Conolty v. Conolty O’Connor NYC LLC. The gist is that two women started a business without any formal business structure, one of the women, O’Connor, formed the defendant LLC as a single member limited liability company, and the...
Read more →Attorney Advertising. Prior results do not guarantee a similar outcome.
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