unregistered trademark
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The Naked Registration
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 several […] Continue reading
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I Called It (Sort of)
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 for […] Continue reading
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Common Law Rights and the Geographic Scope of Registration
Oh no, I don’t think so. The Camellia Grill was a New Orleans restaurant that closed in 2005 after Hurricane Katrina. Various aspects of the business were owned by various entities owned by Michael Shwartz; for our purposes we’ll just refer to them all as “Shwartz.” In August, 2007, Shwartz entered into several agreements with […] Continue reading
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Read This Before Assigning an Unregistered Trademark in the UK
IP Finance has an important post for those who do international transactional work. It seems that under UK law, an unregistered trademark, unlike a registered trademark, may NOT be assigned without the the business to which it is attached. In Iliffe News and Media Ltd & Ors v Revenue & Customs [2012] UKFTT 696 (TC) […] Continue reading
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