• Posts Tagged ‘registration’

    The Tale, Part II

    by  • March 18, 2013 • trademark • 0 Comments

    DeliverMed Holdings LLC v. Schaltenbrand is a dispute about a failed business involving the tagline “Right at Home, the trademark “DeliverMed,” and a “mortar and pestle” logo: In the last post we covered the court’s opinion, after a bench trial, on the ownership and infringement of the copyright in the logo. Score one for...

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    Waiting Too Long

    by  • February 8, 2013 • trademark • 0 Comments

    Medical Products Laboratories, Inc. v. Premier Dental Products Co. had the makings of a good tale about joint ownership of a trademark, but alas, it was decided on a statute of limitations basis rather than anything more substantive. Maybe we’ll see something later in the state court. Medical Products was a contract manufacturer for...

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    It’s Not Really a “Work Made for Hire”

    by  • January 10, 2013 • copyright • 1 Comment

    One of the most misunderstood aspects of copyright law is work-made-for-hire.  The lay understanding is that a work created at the request of another in exchange for payment is a “work for hire.” That’s not true, as explained by the Supreme Court in 1989 in Community for Creative Non-Violence v. Reid, but nevertheless it...

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    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...

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    Bringing a Copyright Suit Is Not as Easy as It Looks

    by  • April 2, 2011 • copyright

    Here’s an exercise in frustration that killed a copyright infringement lawsuit twice: 1993, 1995, 1996, 1997, and 1998 – Plaintiff Kunkel creates copyrightable works. November 2001 – Kunkel files bankruptcy.  Does not list copyrights as part of estate.February, 2003 – Kunkel files copyright applications for works created pre-bankruptcy in his own name.March, 2006 –...

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    Does the Parent Own the Mark?

    by  • December 18, 2009 • trademark

    The TTABlog reports on a decision invoking In re Wella to try to escape a likelihood of confusion refusal. In re Wella is a 1986 Federal Circuit decision which held that corporate family members (in that case, parent and subsidiary) may own substantially similar marks without a likelihood of confusion so long as there...

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    File Your Annual Report

    by  • January 28, 2009 • copyright

    IP suits occasionally get sidetracked when there are problems with the corporation’s authority to act, like here. Attacking the authority looks like a quick way out of the suit for the defendant, so worth a try. The Exclusive Rights blog brings us the story of a lawsuit almost foiled by the failure of a...

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    Application as Registration

    by  • October 30, 2008 • copyright

    William Patry is vocal in his disagreement with Nimmer about whether § 411(a) of the Copyright Act requires the issuance of a Certificate of Registration before suit can be filed. Patry says “yes,” Nimmer says “no.” 2 Nimmer on Copyright § 7.16. CHM Industries v. Structural & Steel Products, Inc. demonstrates the mischief that...

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