Sean Garrison

Sean Garrison

Lewis Roca Rothgerber

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Getting Tangled in the Web of a Hybrid Royalty Clause Part II: Supreme Court Re-affirms Brulotte Decision

In July of 2013, I wrote a blog post about the Ninth Circuit Court of Appeal’s decision in Kimble v. Marvel Entertainment LLC and its effect upon royalty provisions in hybrid IP license agreements. (...) By “hybrid” I am...more

6/23/2015 - Appeals Brulotte Counterclaims IP License Kimble v Marvel Enterprises Marvel Comics Patent Litigation Patent Royalties Patents Royalties SCOTUS Settlement Agreements Stare Decisis Summary Judgment

Advertising Alone Does Not Demonstrate Use of a Service Mark in Commerce for Purposes of Obtaining a Federal Registration

Here’s a common scenario: Your business has come up with an idea for a new service offering, and you or your marketing department has created the perfect brand for it. Now what? Because you have a great relationship...more

3/9/2015 - Advertising Registration Service Marks Trademark Infringement Trademarks Use in Commerce USPTO

Are Your Website’s Terms and Conditions Enforceable? Ninth Circuit Rejects Barnes & Noble’s Browsewrap Terms of Use

Like most online retailers, Barnes & Noble posts “Terms of Use” on its website, which users may review by clicking on a hyperlink that takes them to the webpage on which the terms of use are displayed. Barnes & Noble relied...more

10/22/2014 - Barnes and Noble Browsewrap Agreement Internet Terms and Conditions Websites

Getting Tangled in the Web of a Hybrid Royalty Clause

Frequently, parties enter into IP license agreements in which the licensor grants a license or other rights to a bundle of its intellectual property (patents, copyrights, trademarks, trade secrets, know-how, etc.) pertaining...more

9/5/2013 - Breach of Contract License Agreements Marvel Comics Patents Royalties

Intra-Corporate Trademark Transfers: Beware of the Intent-To-Use Trap

In the course of a corporate restructuring or in the management and reorganization of a company’s IP assets, intra-corporate trademark assignments are not uncommon....more

8/30/2013 - Affiliates Infringement Intent-to-Use Subsidiaries Trademark Holders Trademarks

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