The Licensing Journal articles from November 2004

The Licensing Journal archives from November 2004

Supreme Court of Canada speaks on copyright.
November 1, 2004... CCH Canadian Ltd. v. Law Society of Upper Canada, (1) a recent decision of the Supreme Court of Canada, has considered a number of key issues with respect to copyright law in Canada. The court's holdings, particularly with respect to...

Quality control: a survey of the requirement in trademark licenses under US law.
November 1, 2004... Quality control is the hallmark of any trademark license. Because it is generally easy enough to include at least some minimal level of quality control in most trademark licenses, the issue of whether there was adequate quality should be...

Licensing of inventions made on campus.
November 1, 2004... Technology transfer has successfully taken root at many colleges and universities across the United States. It has tapped the scientific and entrepreneurial talents of enterprising researchers and faculty. It has given colleges and...

Licensee may not challenge a licensed patent without materially breaching the license agreement.
November 1, 2004... Recently the Federal Circuit has placed limitations on the ability of existing patent licensees to use declaratory judgment actions to challenge their licensor's patent. In Gen-Probe Inc. v. Vysis, Inc., (1) it has been held that a current...

Three-sheets method for licensing.
November 1, 2004... For an artist, knowing what a licensing contract should say or how to stagger royalties might be useful information, but only when you have a prospective licensee. Finding the right licensees for your art and your business plan takes a bit of...

Wireless rights.(character licensing of graphics and downloads)
November 1, 2004... With over a billion cell phone users around the world, combined with millions of users of personal digital assistants (PDAs), the wireless market is ripe for character licensing. Cell phones and PDAs have greatly improved in quality and...

Online quality control system.(collegiate licensing on digital logos and graphic designs)
November 1, 2004... Trademark owners or licensors must exert actual control over products and designs produced by licensees to protect trademark rights. This legal requirement is in addition to the mark owner's basic and legitimate interest in ensuring that...

Work-for-hire doctrine and the Graham decision.
November 1, 2004... The work-for- hire doctrine in US copyright law evolved further in the recent decision in Martha Graham School and Dance Foundation, Inc. v. Martha Graham Center of Contemporary Dance, Inc. [02-9451, 03-7020], US Court of Appeals for the...

Working with a major studio on a theatrical movie release.
November 1, 2004... So how does a small company located in a Midwestern corn field deal with a multibillion dollar entertainment company? The tired punch line has to be: Very carefully. The first "Garfield" movie was released by Twentieth Century Fox...