Intellectual Property Family Law

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Motorola: Inventor's Ex-Spouse's Co-Owns the Patent-in-Suit

In the matter pending in the Western District of Texas, Katrinecz, et al. v. Motorola Mobility LLC, Motorola moved to dismiss the complaint for lack of subject matter jurisdiction. In its complaint, the plaintiffs alleged...more

You’ve Really Got a Hold On Me…and My Copyright?

Seems that someone’s always thinking of you, especially if you’re Smokey Robinson and you’re about to reclaim ownership of popular songs you wrote back in the day, like “I Second that Emotion,” “The Tears of a Clown,” “The...more

Bill Updates That Will Make Your Head Spin - Weekly Wrap-Up.

Patent Trolling - The contents of HB 1032 - Patent Trolling have been added to SB 648 - NC Commerce Protection Act and sent to the Senate for a concurrence vote. The new SB 648 now addresses contracts between the NC...more

Privacy or Property? Arizona Court Adopts Post-Mortem Right of Publicity In Intra-Family Online Dispute

The right of publicity, i.e., the right not to have others appropriate your name or image for commercial purposes, is an odd duck. It was described by Professor Prosser in 1960, and later in the Restatement of Torts, as of...more

Divorces, Community Property and Patents — the Problem of the Ex-Spouse

Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her...more

Kate Gosselin Sues Jon Gosselin for Violating the Computer Fraud and Abuse Act–Did She Adequately Plead a “Loss”?

When I do presentations on the Computer Fraud and Abuse Act, one of the issues I speak about is how we see CFAA issues arise in many unexpected cases such as those in the family law context. We now have another great example...more

“Why Don’t you Marry the Girl?”: How the 1909 Copyright Act Helped Bring Down DOMA

When Tin Pan Alley composer B.G. “Buddy” DeSylva co-composed such 1920’s hits as California Here I Come, Sonny Boy and If You Knew Susie (and lesser-known works such as Why Don’t You Marry the Girl?) he may have understood...more

DOMA goes down - Copyright goes up - U.S. v. Windsor, Supreme Court, No. 12-307, decided June 26, 2013

The Supreme Court today handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holding that the Defense of...more

Steven Getman: Legal links of interest for the week ending March 22, 2013

Steven Getman: Legal links of interest for the week ending March 22, 2013 by Steven J. Getman, Esq. Friday, March 22, 2013 Attorney Steven Getman reports on some of the stories about courts, the law and lawyers in the...more

How to Deal with the Distribution of Intellectual Property Assets in Divorce

Judith L. Poller, Co-Chair of Pryor Cashman’s Family Law Group, has written an article, with Associate Elizabeth S. Warner, entitled “How to Deal with the Distribution of Intellectual Property Assets in Divorce.” The article...more

Family Wealth Care

Business-owning families are aware of the risks of trying to manage personal wealth inside their companies, in most cases they do not act because they believe change would be difficult, they do not have family support or they...more

Does Your Employee's Ex Own Your Key Patent?

A recent Federal Circuit case may cause companies to reconsider their form of patent assignment agreements and give greater consideration to the effect of community property laws on patent rights. Patent rights initially...more

Music Publishing and Divorce In Texas: No Extrinsic Fraud

The Court of Appeals of Texas, Fourth District, San Antonio, ruled there was no extrinsic fraud in divorce proceedings when one spouse conveys songs out of a community property music publishing company without the express...more

Estate Planning for Intellectual Property

It is important to plan your estate carefully by considering these valuable assets so that they are appropriately transferred to your heirs according to your wishes upon your death...As intellectual property becomes more...more

Intersection of Estate Issues and Copyright Law: The Long and Winding Road

This article, written by Entertainment and Probate Attorney, Kenneth W. Pajak, provides entertainment lawyers and non-probate practitioners with a general overview of creation, ownership and rights in copyrightable works;...more

Probate Trademarks- Death, Reincarnation, and Survival of IP rights

t was a dark and stormy night when the dame appeared in the doorway of Mark Trade,TM intellectual property investigator. Initial research by Guy Noir indicated there might have been a death under suspicious circumstances, but...more

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