writing
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Answer: Yes, There Was An Assignment
In an earlier post I asked whether a written agreement allowing the creation of a “Sequel” assigned the copyright in the original season of a telenovela, referred to as “the Series.” Caracol argued that the writing wasn’t a clear and unambiguous transfer of the rights in the Series, particularly since other parts of the agreement […] Continue reading
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Quiz: Was There An Assignment?
Caracol Television, S.A. and Telemundo Television Studios co-created a telenovela called “El Señor de los Cielos,” referred to as “the Series.” The parties agreed that if either party wanted to create a derivative work, i.e., another season, the other would have the option to become a co-producer. Telemundo wanted to make another season of the […] Continue reading
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In the Category of Unusual “Writings”
I don’t expect to ever see something that trumps the pawn ticket as a writing documenting a transfer (or attempted transfer) of rights. But, in the copyright realm we have a contender – an Annual Report. It’s embedded below: It says “2003 represents the first 10 months in the life of Storix as a Corporation. […] Continue reading
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Not What Copyright Is For
I previously wrote about a puzzling case, Small Justice LLC v. Xcentric Ventures L.L.C., with the defendant better know as Ripoff Report. The First Circuit has now grappled with it, although based on a revised district court opinion amended with a highly consequential footnote. To distill it down as much as possible, a lawyer, Goren, […] Continue reading
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The World’s Most Ambiguous Trademark Assignment
Gosh I love this case. Don’t get me wrong, I think it’s resoundingly wrong, but what a fascinating way to get there. Plaintiff Quantum, Inc. sells natural health products. It owned the registered trademark MigreLief for “nutritional supplement containing feverfew and other natural ingredients for relieving headaches.” The trademark was registered in 1996, a date […] Continue reading
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When You Can’t Find the Writing
The patent, trademark and copyright statutes each provide that an assignment must be in writing. One time I asked a listserv whether that means you have to have the writing in hand. Silly me, it is an evidence question. Defendant Denis Bouboulis was an inventor of an allergy treatment device. He became a shareholder, and […] Continue reading
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Assent Versus Signature
I asked whether the below “Submit” page, used when one posts a review on Rip-Off Report (owned by defendant Xcentric), transferred an exclusive license in the submitter’s copyright: If you were to use the scrollbar on the right, you would find this grant: “By posting information or content to any public area of www.RipoffReport.com, you […] Continue reading
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Was It Licensed?
Below is a portion of the “Submit” page when one posts a review on Rip-Off Report, owned by defendant Xcentric. (Click on the image for the full page.) If you were to use the scrollbar on the right, you would find this grant: “By posting information or content to any public area of www.RipoffReport.com, you […] Continue reading
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Attention Sharks
I like to watch Shark Tank. If you haven’t seen it, entrepreneurs come pitch a panel of notable business people asking for an investment in their nascent companies. Often the topic of intangible assets—generally patents and trademarks—comes up, which presumably the sharks are taking into account when valuing a company. The entrepreneurs make representations about […] Continue reading
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Get Those Agreements Signed
Where a work is a “work made for hire” by virtue of it being specially commissioned, there must be a writing saying so signed by both parties. And it really has to be signed. On July 10, 2010 Zenova signed an agreement to create a website framework for defendant Mobile Methodology, LLC (“MML”). The agreement […] Continue reading
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