When Mandatory Arbitration Is Optional (2008)
Wednesday, 05 November 2008
To resolve disputes and avoid costly litigation, many companies are relying on mandatory arbitration clauses in their contracts. Disputes are inevitable and a cost of doing business, and the rising cost of lawsuits has becoming staggering. Against this backdrop, in the context of an otherwise garden-variety software copyright infringement suit, the Sixth Circuit recently bypassed
- Published in Agreement Construction, Arbitration, Contracts, Copyright Arbitration, Copyright Law, Intellectual Property Law
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Marilyn Monroe: Trade Dress From Whole Cloth? (2007)
Monday, 05 November 2007
Ideas and concepts, other than those that are not obvious and may be subject to patent protection, are generally freely available to all. Trademark protection usually extends only to the owner’s use of a particular mark, including any logo or image. Yet a judge in the Northern District of California held recently that a trade dress owner
- Published in Copyright Law, Intellectual Property Law, Marilyn Monroe, Trade Dress, Trademark Law, Visual Images
Copyright Record Rental Exception Applies Only To Musical Works (2007)
Thursday, 05 July 2007
In a recent case of first impression, the Sixth Circuit decided in Brilliance Audio, Inc. v. Haights Cross Communications, Inc., No. 05-1209 (6th Cir. 2007) that the record rental exception to the first sale doctrine, in section 109 of the Copyright Act, applies only to sound recordings of musical works. The decision is also interesting for its
Bad Grammar = Good Trademark? (2006)
Saturday, 05 August 2006
A mark is merely descriptive if it conveys any aspect, purpose, function or use, or desirable characteristic of the goods or services with which it is used. For example, the mark MARTHA WASHINGTON for dolls is merely descriptive of dolls that portray Martha Washington; likewise, the mark APPLE PIE for potpourri with an apple pie
- Published in Grammar, Intellectual Property Law, Trademark Descriptiveness, Trademark Law