• Posts Tagged ‘recordation’

    The Value of Recording

    by  • July 2, 2013 • copyright • 0 Comments

    A company assigned the same copyright in a film to two different companies. Who owns it? The film is Italian classic La Dolce Vita: The parties agree that a a company called Cinemat S.A. was the owner of the copyright, by assignment from original producer Riama Films S.p.A. The problem arises with the next...

    Read more →

    Treating Patents More Like Property

    by  • March 7, 2012 • patent

    The Patently-O blog has a thoughtful post on patent ownership and licensing, advocating for a stricter recording requirement: Because of an inadequate system for recordation, prospective purchasers, licensees, lenders, and even defendants in a lawsuit may have to take it on faith that the seller, licensor, borrower, or plaintiff truly owns, and has not...

    Read more →

    Why You Always Bring a Claim Under § 43(a)

    by  • September 5, 2009 • trademark

    For starters, so you have standing. Particularly if your assignment record is a hot mess. There are two statutory bases for trademark infringement, § 32 (15 U.S.C. § 1114) for infringement of registered marks and § 43(a) (15 U.S.C. § 1125(a)), a broader provision that can also encompass trademark infringement. Section 32 provides a...

    Read more →

    Race To the Swiftest Without Notice

    by  • December 24, 2008 • copyright

    The U.S. patent, trademark and copyright statutes all have recording provisions (“race-notice,” if my property law recollection is correct) that provide a bona fide purchaser in good faith defense to the second purchaser. I don’t remember the last time I read a case that dealt with the assignment of the same intellectual property to...

    Read more →