Posts Tagged: license agreements


Supreme Court Asked to Decide Copyrightable Elements of Iconic Michael Jordan Photograph

Rentmeester is asking the nation’s highest court to answer the question of whether copyright protection for a photograph is limited solely to the photographer’s selection …
By Steve Brachmann
4 months ago 1

Supreme Court to Determine if Bankruptcy Code Allows Debtor to Terminate Trademark License Rights

The U.S. Supreme Court has agreed to hear Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First Circuit. …
By Steve Brachmann
6 months ago 2

Eight Circuit Reverses Finding that Sturgis Motorcycle Rally Trademarks are Valid

On Friday, November 2nd, the Court of Appeals for the Eighth Circuit issued a decision in Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., et. al. …
By Steve Brachmann
6 months ago 0

Patent Encumbrances Can Reduce Market Value up to 100 Percent

Patent broker Brad Close notes that encumbrances can have the effect of reducing a patent’s value by up to 100 percent, practically rendering a patent valueless on …
By Gene Quinn & Steve Brachmann
8 months ago 6

LOT Network surpasses 275 members, fighting PAE patent litigation

LOT Network markets itself as a non-profit consortium, which offers its members a legal mechanism affording them protection from patent assertion entities (PAEs) and immunizes its members …
By Steve Brachmann
9 months ago 7

Messy Trademark Case Over ‘The Sloppy Tuna’ Gets Cleaned Up by the Second Circuit

???In Montauk U.S.A. v. 148 South Emerson Associates the Second Circuit vacated-in-part an earlier ruling in a trademark case. In that ruling, the district court denied …
By Steve Brachmann
1 year ago 0

Negotiating Your First Big Tech Software License

One of the critical moments in the life of a start-up tech company is landing its first big contract with a giant tech company. That first tech …
By Mitchell Stein
1 year ago 2

Grumpy Cat Wins $710,000 Verdict for Copyright, Trademark Infringement Against Beverage Maker

A jury awarded $710,000 in damages for trademark and copyright infringement to Grumpy Cat Limited, the entity holding the rights to the Internet cat celebrity Grumpy Cat. The …
By Steve Brachmann
1 year ago 1

Cornell, Life Technologies Corporation Ordered to Enter Arbitration After Allegations of Fraudulent Inducement into Settlement Agreement

On Friday, January 19th, a magistrate judge in the District of Delaware entered a memorandum opinion ordering Cornell University to enter into arbitration proceedings to resolve a …
By Steve Brachmann
1 year ago 0

How to Participate in Open Source While Maintaining IP Integrity

The key idea is to think strategically about the software, the value it can provide to the company, and whether the technology should be developed in-house. In …
By Gideon Myles
2 years ago 1

Bill Nye files suit against Disney, Buena Vista for millions in underreported licensing payments

In the suit, Nye alleges that Buena Vista Television entered into an agreement in March 1993 to promote, market and distribute the Bill Nye the Science Guy television …
By Steve Brachmann
2 years ago 2

Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases

Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated (e.g. the EU). This is …
By Robert Tremblay
2 years ago 0

FTC and DOJ Antitrust Division Seek Comment on Proposed Update to IP Licensing Guidelines

The IP Licensing Guidelines, which state the agencies’ antitrust enforcement policy with respect to the licensing of intellectual property protected by patent, copyright, and trade secret law …

Why Exclusive Patent Licenses Can Be More Valuable Than Owning Patents Outright

Patents are a big capital investment for a startup company, but so is an office building. However, no startup company owns their office building outright. Even if …
By Russ Krajec
3 years ago 3

Negotiating with Intellectual Ventures (IV)? What about their other funds?

This post provides a practical approach for companies to handle the licensing of Intellectual Venture’s (IV’s) smaller in-house funds (ISF & IDF) during a negotiation …