News & Analysis as of September 25, 2024

Assignments › Trademarks

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An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts. A contract assignment refers to a situation where one party to... more +

An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts. A contract assignment refers to a situation where one party to a contract transfers his/her rights or benefits under the contract to a third party. In a real estate assignment, an interest holder transfers his/her interest in a particular parcel to another party. less -

Polsinelli Podcasts: Out-of-Court Alternatives to Bankruptcy

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on 5/31/2024

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Oops! Now What? Corrective Assignments and Fixing Inadvertent Chain of Title Errors

Faegre Drinker Biddle & Reath LLP on 3/12/2021

We’ve all been there. Maybe we find it in reviewing the chain of title for trademarks during due diligence. Maybe it’s something that another company filed that has nothing to do with us. Or maybe someone on your team made a...more

The Ghosts of Past Licensing Agreements Continue to Haunt Ms. Pac-Man

Dorsey & Whitney LLP on 11/6/2019

1980 was a momentous year. Not only was it the year in which the Rubik’s Cube was first released, it was also when approximately 350 million people worldwide finally learned who shot J.R. on TV’s “Dallas” (spoiler alert: it...more

FRANCHISEE 101: Til Expiration Do Us Part

Lewitt Hackman on 3/1/2018

Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more

Delaware Court Holds that Trademark License Cannot be Assigned Without Consent

Mintz - Bankruptcy & Restructuring Viewpoints on 8/29/2017

The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor. The court concluded that federal trademark law and the terms of the license precluded...more

Intent to Lose? Be Wary of Pitfalls Involving Intent-to-Use Trademark Applications.

Pillsbury Winthrop Shaw Pittman LLP on 5/23/2014

Merger and Acquisitions often involve the acquisition and/or assignment of trademarks. Companies acquiring trademarks must beware of potential problems lurking with intent-to-use (ITU) trademark applications (or applications...more

TTAB Cancels Registration Due to Improper Assignment of Intent-to-Use Application

Foley & Lardner LLP on 8/22/2013

In a precedential decision issued last week, the Trademark Trial and Appeal Board (TTAB) cancelled a registration because it was based on an intent-to-use (ITU) application that had been the subject of an intra-corporate...more

Bankruptcy 101 for Intellectual Property Licenses

Bradley Arant Boult Cummings LLP on 3/6/2013

Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume...more

Doing Business in Canada: Intellectual Property Law

Bennett Jones LLP on 10/18/2012

Intellectual property (IP) portfolios are valuable assets that must be properly acquired, advantageously exploited and thoroughly protected in all commercially significant jurisdictions. Companies considering doing business...more

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