Intellectual Property Law
By Matthew J. Booth and Michael J. Booth With a nod to George Lucas and Stars Wars, one of the more vexing tasks we face as lawyers is trying to counsel clients on the meaning of federal regulations promulgated by federal administrative agencies like the U.S. Patent & Trademark Office, the EPA, and the Army …
The title of my blog is a tip of the hat to one of my favorite routines from the late comic, George Carlin, about the seven dirty words that you could not say on TV. Those seven dirty words ended up at the U.S. Supreme Court in 1978 in a case regarding the authority of …
The Supreme Court said you need a copyright registration to file that copyright lawsuit
The Supreme Court has on its docket this term a very important case that affects trademark licensees if the owner (licensor) of the trademark goes into bankruptcy. Here’s the scenario, the owner of the trademark (licensor) or Company A enters into licensing agreement for intellectual property with Company B. The licensing can include different types …
As I was thinking about celebrating Texas Independence Day (March 2), I saw a story about Trademarks and Texas Wines that caught my eye. This case was a Concurrent Use proceeding at the U.S. Trademark Trial and Appeal Board for the concurrent use of a trademark between a Texas vineyard and a California vineyard. What …
Yet again, we have the dreaded, “it depends,” answer. In this case, it depends on where you can bring the lawsuit because there have been different decisions in various Federal Circuit Courts of Appeal about the proper timing of filing a copyright infringement lawsuit. Let’s go back to the beginning of this process. When someone …
