supplemental registration
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A Pretty Lousy Test
By now you should have read John Welch‘s excellent report on the Federal Circuit opinion in Lyons v. The American College of Veterinary Sports Medicine and Rehabilitation; you can also find more background from me on the Board decision here. Despite my fondness for ownership cases, I wish this wasn’t one, or at least I… Continue reading
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Copyright Registrations Confusing Things Again – Updated
I have not been shy in expressing my opinion about the copyright registration system. I’m not a fan of the requirement that one must have a registration before a lawsuit can be filed; as a result, the first stages of a copyright infringement lawsuit are collateral attacks on the registration. Cisco alleged infringement of the… Continue reading
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Maybe Invented, But Not Used
Trademark ownership isn’t susceptible to an easy rubric. In The American College of Veterinary Sports Medicine and Rehabilitation v. Lyons, it might have appeared to the registrant, Lyons, that the facts were in her favor based on traditional elements considered when deciding ownership. But, looking at the big picture, the TTAB found otherwise. In 1999… Continue reading
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Pay Me Now or Pay Me Later
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 the… Continue reading
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Works Are Never Made for Hire
Malibu Textiles, Inc. v. Carol Anderson, Inc. is a good demonstration of the confusion that, almost 20 years after CCNV, still surrounds whether a work is a “work made for hire.” In Malibu, designs for lace were created by an independent party but Malibu filed copyright applications for the lace designs listing ownership as works… Continue reading
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