Tag Archives: ip
Product Manuals and Copyright
Equipment manufacturers can gain a measure of control over distributors and repair shops by registering and enforcing copyrights in their product manuals. Notwithstanding their highly factual and utilitarian purpose, courts typically hold that manuals involve enough creativity to be copyrightable. Such creativity may be comprised of the wording of the text, the creative elements of […]
2013 Substantial Similarity Shipped
I sent the 2013 update of Substantial Similarity in Copyright Law to the publisher PLI earlier this week. This will be the tenth anniversary edition. We’ve included more illustrations of the works at issue in the cases discussed, a significant revision of the chapter on useful articles, and more. Look for it in on the […]
IP Licensing Checklist
Here is a general checklist of things to consider when licensing IP, in no particular order. If you spot any significant omissions, please comment. 1) What precisely is being licensed? 2) What will be the term of the license? a) any automatic renewal? b) options? c) fee changes in subsequent license periods? d) termination rights? […]
Post-License Use of Trademark Is Counterfeiting
A former trademark licensee’s continued use of a trademark after termination of the license constitutes trademark counterfeiting. That is the holding in a recent District of Indiana default judgment case, Century 21 v. Destiny Real Estate. The court explained: If an unrelated entity had created an identical trademark and provided authorized goods or services (or […]
