Whether an agreement includes an automatic assignment of patent rights or is merely a promise to assign, depends on the contract language. See Abraxis Bioscience, Inc. v. Navinta LLC, 625 F.3d 1359, 1364 (Fed. Cir. 2010). Recently, in Roku v. ITC, No. 22-1386, — F.4th — (Fed. Cir. Jan. 19, 2024), there were two agreements […]
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Owning Social-Media Accounts
Does a business or organization-related social media account belong to the business entity or to the individual who created it? The Second Circuit has held that this novel legal question should be answered based on whether the person who created the social media account used her personal information and for her personal use. JLM Couture […]
Staying All But One in Colorado
GS Holistic manufactures and distributes a glass gravity infuser under the brand name Stündenglass, the other is a line of portable hand-held vaporizers under the G Pen brand. In July and August of 2023, GS Holistic filed more than 50 nearly identical small-dollar trademark infringement cases against small owners of smoke/head shops or vape shops […]
Protect Business By Registering Trademark
A trademark can be a phrase, word, design, symbol, or combination of all of these, that allows people to identify your services or goods. Trademarks are how customers can recognize you and distinguish you as separate from competitors, in addition to providing you with legal protection for your brand. There is a difference between owning […]
Legal Documents Derived from Other Legal Documents
When creating a new derivative work based on another work, there must be “sufficient nontrivial expressive variation” in the new work in question, so as “to make it distinguishable from [an] underlying work in some meaningful way.” Schrock v. Learning Curve Int’l, Inc., 586 F.3d 513, 521 (7th Cir. 2009); see also Nova Design Build, […]