• Posts Tagged ‘registration’

    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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    Pay Me Now or Pay Me Later

    by  • October 21, 2008 • copyright

    Tacori Enterprises v. Rego Manufacturing is such a meaty case that I’ll do separate posts on the various trademark and copyright issues in the case. This post is a lesson on how not to assign ownership of a copyright and register it – the plaintiff spent tens of thousands of dollars defending attacks on...

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