Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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Licensing Title Agents
Marvin N. Bagwell
Whatever happened to the title agents licensing bill? At one point, it 'had to happen.' Innumerable meetings were held. Forests were felled to provide the paper to print and distribute various drafts of proposed bills. Lincolnesque letters and articles were written and published. E-mails clogged up thousands of mailboxes. And now silence. There may very well be a bill on the Governor's desk in the near future. This article represents an attempt to explain why the agent-licensing bill is not there yet. The opinions expressed are the author's own, have no official sanctions and do not advocate any particular version of the bill.
IP News
Compiled by Eric Agovino
Highlights of the latest intellectual property news from around the country.
Use It or Lose It: Can Residual Goodwill Avert Abandonment?
Judith L. Grubner
&
Katrina G. Hull
The notorious legal battle over the right to use the MUSTANG RANCH trademark for legal brothel services illustrates the 'use it or lose it' adage as applied to trademark rights and the difficulty of establishing an excuse for nonuse. <i>Burgess v. Gilman</i>, 78 U.S.P.Q.2d 1773 (D. Nev. 2006). Because U.S. law does not permit the warehousing of trademarks, the owner of a trademark typically must use the mark in commerce or lose the ability to prevent others from using it. For this reason, '8 of the Lanham Act requires trademark owners to file a declaration of use between the fifth and sixth year after registration and with renewals. 15 U.S.C. '1058.
Features
Patent Injunctions: Quo Vadis ' What Is the Expectation of a Patentee After eBay?
Steven Pokotilow
&
Richard Eskew
Whither goest thou?' Or, in plain English: Where are you going? That is the question that must be asked of the courts in the wake of the Supreme Court's recent decision in <i>eBay, Inc., v. MercExchange, LLC</i>, 126 S. Ct 1837 (2006), in which the Court reversed the long-standing practice in the Court of Appeals for the Federal Circuit (the 'Federal Circuit') of granting permanent injunctions in patent cases absent a persuasive reason for not doing so.
Features
Undocumented Youth
Andrew Schepard
&
Theo Liebmann
Like other minors, illegal immigrant children and youth end up in Family Court through abuse, neglect, guardianship or delinquency cases. Some come to the United States on their own to escape abusive home environments; some are kicked out of their homes and illegally sent to the United States by parents who refuse to care for them anymore; and some are brought to the United States illegally by their parents and then abused, neglected, or abandoned once the family is here.
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