Another highly derivative blog post
We learn from our mistakes. Far better, however, is to learn from the other guy’s mistakes. Here by “our” and “other guy” I am referring... Read more
Category: Licensing
When copyrights aren’t a federal case
Can copyright disputes ever be litigated in state court? It’s generally understood that the federal courts have exclusive jurisdiction over copyright claims, in contrast to... Read more
Split decision
During my traditional end-of-December goof-off here I didn’t pay adequate attention to the important non-ruling in Costco v. Omega, which involves an issue I have... Read more
Color my world
For years I’ve been writing about the envelope-pushing in trademark by the business of collegiate sports. In a like vein, but very scholarly-like, here’s a... Read more
Build American! Or hire good lawyers.
Originally posted 2008-09-11 15:37:14. Republished by Blog Post Promoter When it comes to manufacturing, it’s all about price, right? Brand management and licensing gurus Oliver... Read more
Revoke this, I implied. Or something.
Only a real IP lawyer like Pamela Chestek can write about revoking an implied nonexclusive copyright license. And mean it. Originally posted 2011-03-24 17:58:18. Republished... Read more
“Dear Licensor”
Talk about “Dear John” letters! In the June issue of Royaltie$ magazine, Oliver Herzfeld (of Beanstalk) and Richard Bergovoy (of the Licensing Law Blog) sure... Read more
Whaddya know!
The Mustang Ranch trademark case has finally been resolved — and it turns out that prostitute proprietor Lance Gilman gets to claim the trademark for... Read more
“Dear Licensor” — Part II
Last spring I excerpted from and linked to an article by my friends Richard Bergovoy (of the Licensing Law Blog) and Oliver Herzfeld (of Beanstalk) concerning the dizzying concept of... Read more
Going underground
This picture, from two years ago this month, links to one of the most popular blog posts on LIKELIHOOD OF CONFUSION®. It’s probably linked to... Read more
Database denouement
Anyone working in intellectual property law is familiar with the questions surrounding agreements to create, maintain and use customized databases. Yes, the client owns the... Read more
Likelihood of avoision
I’m in pretty deep in a jury trial — no, not an IP case; more like an IT case, only one conducted under a tent... Read more
Trademark clarity where it’s manufacturer versus distributor
Everyone here understands that in the U.S., trademark rights are determined by use, a term of art that, practically speaking, means hardly anything, but if... Read more
Heck with you, Disney!
UP reports (hyperlink added): The Hell’s Angels Motorcycle Corp. has filed suit in Los Angeles federal court claiming the film, ‘Wild Hogs,’ stomps on its... Read more