On May 20, 2019, the US Supreme Court ruled that a licensor’s rejection of a trademark license in bankruptcy does not terminate the licensee’s right to continue using the licensed mark. Mission Product Holdings Inc. v. Tempnology LLC, 587 US
licensing
Maximise your IP to enhance franchise value
Franchising is, in essence, a business model built on intellectual property (IP) – it provides a useful forum for commercialising IP. Franchisors gain by sharing use of their IP (including trade marks, patents, designs, copyright materials, know-how and/or…
Beware the ghost of handshakes past – Could your IP licence survive termination?
What happens when an IP licence agreement is terminated? The obvious answer would of course be that the licence terminates too. However, as the latest instalment in an ongoing saga involving the well-known PINK LADY brand of apples reminds us,…
“Sue me already” – Analyzing Kanye’s (In)Famous Video (Part III)
Take a bow: Rihanna victorious in English passing off claim
The use of the pop singer Rihanna’s image on T-shirts sold by Topshop has been found to amount to the English tort of passing off. The T-shirts went on sale in March 2012 and bore a photograph of Rihanna taken…
Fifth Circuit Cites Laches as Properly Barring Recovery of Monetary Damages in Trademark Infringement Suit
Last Thursday, a panel of the Fifth Circuit affirmed a ruling from the Northern District of Texas partially enjoining a Texas company’s sale of ceremonial paddles decorated with the unlicensed insignia of 32 fraternities and sororities. In the lower court,…
From Keywords to Naked Licensing: Notable Trademark Law Developments and Trends
On August 21, Fulbright IP attorney Christopher Kindel presented at the Austin Intellectual Property Law Association luncheon.
Discussing “From Keywords to Naked Licensing,” Kindel gave an update on notable trademark law developments and trends.
To view his presentation, visit the…
Creative Commons License 4.0 comment period expires September 2012
Creative Commons, a “global nonprofit organization dedicated to the sharing and reusing of creativity and knowledge through free legal tools,” has published the second draft of its Creative Commons licenses (the “CC Suite”), dubbed “4.0.” The CC Suite is…