Property, Intangible
The blog focuses on issues involving the ownership of intellectual property such as disputed ownership, creation of rights, and licensing.
Author: Pamela Chestek is an in-house intellectual property lawyer and adjunct professor.
Blawg Related Categories: Intellectual Property Law • In-house Lawyer
Recent Posts from Property, Intangible
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You Still Have to Own the Copyright
The requirement for a written assignment of copyright can bedevil a copyright claimant, as in Tacori Enterprises v. Rego Manufacturing. In Tacori, the plaintiff was vulnerable because the assignment of copyright was not in a…
- Mowing Trademarks Down
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Bratz Arguments
The parties in the Barbie vs. Bratz battle were in court Monday on post-trial motions (blogged here). Read the news here.© 2008 Pamela Chestek
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The Dark Underbelly of Teddy Bear Puppies
I've mentioned in the past that the naked licensing doctrine has taken on a life of its own disconnected from the statutory basis for it, abandonment. Fuller v. Heintz/Candee takes the naked licensing doctrine…
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The Melody Can Barely be Heard
Class 46 brings our attention to the auction of a Spanish brand for a department store chain "Galerías Preciados." Fogasa, an agency of the Spanish Ministry of Labor and Education, acquired the family of marks…
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What's on Your Pocket?
Not surprisingly, Levi Strauss & Co. v. Abercrombie & Fitch Trading Co. is a case about enforcing the "arctuate" pocket stitching design on Levi's jeans. Levi's is not one to be meek in enforcing…
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Application as Registration
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…
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Bad News Two Days In a Row
Adding insult to injury after yesterday's post, in which the Court of Appeals for the Federal Circuit affirmed a decision that Oren Tavory wasn't a co-owner of the NTP patents, in a separate decision the…
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Invention and Assignment of Patents
A couple of ownership cases of interest. First, Oren Tavory failed in his effort to join in the NTP jackpot also known as the RIM settlement - he's not a co-inventor because he didn't have…
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Trade Dress and Copyright
This is the final post in the series on Tacori Enterprises v. Rego Manufacturing. As well as claiming copyright in the ring design, Tacori also claimed that the ring design was Tacori's…