When Implied Licenses (Don't) Attack: Copyright Licensor's Scheme to Ambush His Licensee Goes Terribly Wrong
Today’s Lesson: Don’t Be a %$*!# A little bit of legal knowledge can be a most troublesome thing. Readers of The IP Breakdown know that implied copyright licenses1As opposed to express copyright licenses, where the terms of the license—the license’s terms and...
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One Week, Two Trademarks, Three Countries, Five Opinions, and a Big Ol’ Circuit Split
by | Mar 6, 2017
Last week, two different U.S. courts took action in cases involving the use of trademarks outside the borders of the United States, and if you aren't confused you don't understand territoriality. The big news last Monday was the Supreme Court’s refusal to hear an...
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Swimming in the Shark Tank: Even Gladiators Need to Clear Trademarks
by | Feb 23, 2017
Swimming with the Shark Tank If you’re a fan of Shark Tank, one of the more interesting pitches was by Rachel Zietz in 2016, a (then) fifteen-year old lacrosse player and entrepreneur. She said she was tired of the lousy lacrosse equipment she had been buying from the...
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https://www.ricksanderslaw.com/wp-content/uploads/2017/02/IMG_9813_4-4767-200x300-32186_200x250.jpg 480w " sizes="(max-width:479px) 479px, 100vw " width="400" height="250" />Honey Catches Flies and Hackers, But Not A Trademark Registration
by | Feb 14, 2017
In honor of Valentine's Day, the Trademark Trial and Appeal Board has offered us honey. You know, that stuff with which you catch more flies. The lines between descriptive and suggestive marks has never been easy to define. Bitvoyant, a Virginia-based software...
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https://www.ricksanderslaw.com/wp-content/uploads/2017/01/la-smarble-1483575274-snap-photo-27622_400x250.jpg 480w " sizes="(max-width:479px) 479px, 100vw " width="400" height="250" />Tinkering, Vision, Business and Patents: What the Tangled History of Windsurfing Can Tell Us About Innovation
by | Jan 13, 2017
A Meditation on Innovation on the Occasion of the Death of S. Newman Darby, Tinkerer, Hobbyist & Inventor If you enjoy windsurfing, you might raise one to S. Newman Darby, who essentially invented it and who passed away last month. For a long time, not very many...
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https://www.ricksanderslaw.com/wp-content/uploads/2017/01/dreamstime_m_175294-300x221.jpg 480w " sizes="(max-width:479px) 479px, 100vw " width="400" height="250" />A Business New Year's Resolution – Don't Violate the Trademark "Anti-Trafficking" Rule
by | Jan 4, 2017
You need a trademark lawyer. No, really. Even if you have a corporate lawyer. No, especially if you have a corporate lawyer. Do not let your corporate lawyer do your trademark lawyer’s work. Would you let your dentist do your appendectomy? The following is a story...
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Has There Really Been Fallout from the Blurred Lines Case and What Can Be Done About It?
by | Dec 23, 2016
Giving Credit Where Credit Is Due (or Demanded) Last week[ref]I only read to the story today because I read The Tennesseean. Is it normal for a newspaper to sit on an AP feature for over a week? Also, the story was about songwriting, and there are lots of songwriters...
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https://www.ricksanderslaw.com/wp-content/uploads/2016/12/dreamstime_m_48059685-300x200.jpg 480w " sizes="(max-width:479px) 479px, 100vw " width="400" height="250" />Poking Bears and Blocking ISPs
by | Dec 14, 2016
I’m going to post this and then go hide out in a bunker somewhere. I’m not even sure I can get through the introductory paragraph before needing to take cover. SOPA. (Crawling back out from her hiding space under her desk.....) You will...
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https://www.ricksanderslaw.com/wp-content/uploads/2016/12/DMCA_take_down_notice_handwritten-30857_400x205.jpg 480w " sizes="(max-width:479px) 479px, 100vw " width="400" height="250" />New DMCA Registration Regime Starts Today. Don't Delay!
by | Dec 1, 2016
New DMCA Registration Regime Starts Today. Don’t Delay! Today is the first day to take advantage of the U.S. Copyright Office’s new electronic registration system for DMCA agents[ref]“DMCA agent” is short-hand for designated agent to receive notification of claimed...
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Is it Fair Use? Who's on First (Copyright Fair Use Factor)?
by | Oct 20, 2016
Abbott and Costello Meet the Copyright Lawyer (1 1/2 Stars) It’s time for another round of “Is it Fair Use?”, the fast-paced, heart-racing game that’s sweeping the nation.[ref]If said nation were experiencing some serious time-dilation. This episode of “Is it...
The Aftermarket Holy Grail: Using Software Copyrights to Control Replacement Parts
Intellectual Property and Personal Property: Two Great Tastes That Might Not Taste Great Together When everything runs on software, then everything will be subject to copyright protection, and you might not like the consequences.[ref]OK, this is an overgeneralization,...
Pitching Buck Rogers: Trademarks and Future Use
Of course, Buck Rogers would be the one to teach us about trademark rights that exist only in the future. In a case that spans almost as much time as Buck's leap across the centuries, the heirs of Philip Francis Nowlan (the character's creator) and the Dille...
Footnotes
| ↑1 | As opposed to express copyright licenses, where the terms of the license—the license’s terms and...
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One Week, Two Trademarks, Three Countries, Five Opinions, and a Big Ol’ Circuit SplitLast week, two different U.S. courts took action in cases involving the use of trademarks outside the borders of the United States, and if you aren't confused you don't understand territoriality. The big news last Monday was the Supreme Court’s refusal to hear an... Swimming in the Shark Tank: Even Gladiators Need to Clear TrademarksSwimming with the Shark Tank If you’re a fan of Shark Tank, one of the more interesting pitches was by Rachel Zietz in 2016, a (then) fifteen-year old lacrosse player and entrepreneur. She said she was tired of the lousy lacrosse equipment she had been buying from the... Honey Catches Flies and Hackers, But Not A Trademark RegistrationIn honor of Valentine's Day, the Trademark Trial and Appeal Board has offered us honey. You know, that stuff with which you catch more flies. The lines between descriptive and suggestive marks has never been easy to define. Bitvoyant, a Virginia-based software... Tinkering, Vision, Business and Patents: What the Tangled History of Windsurfing Can Tell Us About InnovationA Meditation on Innovation on the Occasion of the Death of S. Newman Darby, Tinkerer, Hobbyist & Inventor If you enjoy windsurfing, you might raise one to S. Newman Darby, who essentially invented it and who passed away last month. For a long time, not very many... A Business New Year's Resolution – Don't Violate the Trademark "Anti-Trafficking" RuleYou need a trademark lawyer. No, really. Even if you have a corporate lawyer. No, especially if you have a corporate lawyer. Do not let your corporate lawyer do your trademark lawyer’s work. Would you let your dentist do your appendectomy? The following is a story... Has There Really Been Fallout from the Blurred Lines Case and What Can Be Done About It?Giving Credit Where Credit Is Due (or Demanded) Last week[ref]I only read to the story today because I read The Tennesseean. Is it normal for a newspaper to sit on an AP feature for over a week? Also, the story was about songwriting, and there are lots of songwriters... Poking Bears and Blocking ISPsI’m going to post this and then go hide out in a bunker somewhere. I’m not even sure I can get through the introductory paragraph before needing to take cover. SOPA. (Crawling back out from her hiding space under her desk.....) You will... New DMCA Registration Regime Starts Today. Don't Delay!New DMCA Registration Regime Starts Today. Don’t Delay! Today is the first day to take advantage of the U.S. Copyright Office’s new electronic registration system for DMCA agents[ref]“DMCA agent” is short-hand for designated agent to receive notification of claimed... Is it Fair Use? Who's on First (Copyright Fair Use Factor)?Abbott and Costello Meet the Copyright Lawyer (1 1/2 Stars) It’s time for another round of “Is it Fair Use?”, the fast-paced, heart-racing game that’s sweeping the nation.[ref]If said nation were experiencing some serious time-dilation. |
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