• Posts Tagged ‘registration’

    Second and Ninth Circuits Split and Also Agree

    by  • May 18, 2020 • copyright • 1 Comment

    I have long disagreed with the Ninth Circuit on a standard that I think is unduly crabbed. I’m talking specifically about the cause of action, and therefore remedies available, when the obligations in an agreement that include a copyright license are not met. The courts are in agreement that the obligations can be put...

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    Waiving Ownership of the Registration

    by  • February 10, 2020 • trademark • 0 Comments

    Do you need to own a trademark to succeed in an infringement claim? Not necessarily. The plaintiff, I&I Hair Corporation, now owns the registration for the trademark EZBRAID. Except that it originally didn’t; the registration was owned by Eunja Son, a principal of the plaintiff. I&I Hair sued the defendant, Beauty Plus Trading Co.,...

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    Unauthorized Registration As Material Breach

    by  • January 14, 2019 • trademark • 0 Comments

    I just ran across this older opinion upon seeing a more recent opinion in the case on attorneys’ fees. The situation was interesting enough to make me go back and find the earlier decision. Defendant Otkrytoe Aktsionernoe Obshchestvo “Spartak” is a Belarusian company specializing in the production of chocolate. Spartak entered into a non-exclusive...

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    The Cluster That Is Copyright Registration

    by  • October 1, 2018 • copyright • 0 Comments

    Subtitled “Writing it so @RickSanders doesn’t have to“ The copyright registration system, as it relates to an infringement case, is utterly and completely broken. We need reform. Here are the facts we’ll assume are true for purposes of today’s rant. Plaintiff SellPoolSuppliesOnline.com, LLC (SPSO) provided Ugly Pools Arizona, Inc., the defendant and a company...

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    The Naked Registration

    by  • May 30, 2017 • trademark • 2 Comments

    I’ve written before about the trademark dispute over the Camellia Grill restaurant in New Orleans. The restaurant closed after Hurricane Katrina, after which the original owner, Shwartz, disposed of the business in various transactions with Khodr.1 The ultimate ownership of the CAMILLIA GRILL trademark is what I’ve been writing about. To briefly summarize the...

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    You Will Never Get a Copyright Registration Right

    by  • September 9, 2016 • copyright • 1 Comment

    I previously wrote about the licensing discussion in Palmer/Kane LLC v. Rosen Book Works LLC, but the decision also points out what is the near impossibility of successfully registering the copyright in a work so that you can actually have a lawsuit claiming it was infringed. Palmer/Kane originally alleged the infringement of 19 works,...

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    And You Wonder Why Litigation Is Expensive

    by  • August 22, 2016 • trademark • 0 Comments

    Golly, the things you have to explain sometimes. Plaintiff Ubu/Elements, Inc. claimed to have purchased all of the assets of Defendant Elements Personal Care, Inc. UBU/Elements accused the defendant of continuing to use the trademark AFTER THE GAME after the purchase. The Asset Purchase Agreement said this about the trademark in dispute: If you...

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    I Called It (Sort of)

    by  • March 28, 2016 • trademark • 0 Comments

    I previously wrote about a case, Uptown Grill, L.L.C. v. Shwartz, with some boobery in the sale of a single-locale restaurant. There were two relevant documents, a Bill of Sale and a trademark license agreement, entered into 16 days apart. The Bill of Sale was between seller Shwartz and Uptown Grill LLC in exchange...

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