Second Annual top OP-IP Intellectual Property News Stories

'Tis the season for the mainstream media to wax nostalgically over the past year's memorable events.  This past weekend, there was a reprieve from the "year in review" on at least one news outlet as CNN went into its trademark 24-7/wall-to-wall coverage of missing jetliners to report the disappearance of Asia Air Flight QZ8501.  Notwithstanding this one outlier, we are once again inundated with stories of the ALS Ice Bucket Challenge, the Republican takeover of the U.S. Senate, the polar vortex, etc.  Not to disappoint, here at OP-IP, we too, look back on the memorable blog posts of 2014.

In the tradition of Casey Casum once again enjoy the Top Ten OP-IP blog posts of 2014....

10.  Love on the Rocks:  Trademark Custody Battle When Going Through a Corporate Divorce

9. IP and Innovation: Are we heading for Star Trek or Star Wars as Science Fiction becomes Science Fact? 

8. GPS (Guidance for Patent-eligible Subject matter) to Direct the U.S. Patent Office in view of Alice Corp. v. CLS Bank Int'l and the USPTO Preliminary Instructions

7. Aereo's Online Streaming Broadcast TV Caught Between a Rock and a Hard Place

6. iPhone "dressed" in Blackberry's clothing?  The 'keys' to understanding a 'case' for trade dress infringement

5. Increasing wave of secret Internet communication

4. Supreme Court says, "'No, You CANNOT Hear Me Now!' Let Alone Search my Cellphone Unless you get a Warrant" in RILEY v. CALIFORNIA

3.Patented Tobacco Plant Genetically Engineered to Produce Antibodies Against Ebola gets Boost to Treat Dr. Kent Brantly and Nancy Writebol

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2. “Stairway to Copyright Infringement”- Step one in Spirit's uphill climb to prove Led Zeppelin's 'Stairway to Heaven' infringes its copyright'

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1. Disney's "Frozen" in Hot Water Over Alleged Copyright Infringement

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Happy New Year 2015!

And for those who are anxious to relive the magic of OP-IP 2013 click here to see the top posts.

© Stephen J. Weyer 2014, 2015

Send email feedback- sweyer@stites.com

Love on the Rocks: Trademark Custody Battle When Going Through a Corporate Divorce

Companies often own valuable intellectual property including trademarks which companies use to identify themselves and their goods and service.  For example, the intellectual property rights may include the name of the business.  But what happens to the trademarks including company name if a company breaks up or splits apart.  For example, if a company splits in two or a partnership dissolves, who among the parties to the breakup owns the trademarks.

This breakup scenario is common place among musical bands where eventual break-ups strike a familiar cord.  Examples of this can be seen in the breakup or departure of members of the band Boston, Van Halen, Herman’s Hermits, the Animals, and New Edition to name just five.

One possible way to plan for the possible breakup is the use of an analogous tool to a prenuptial agreement prior to marriage.  A partnership agreement, articles of incorporation or like instrument, signed by the principals to the business entity, can spell out who will get the rights to trademarks including business name upon dissolution of the company.

© Stephen J. Weyer 2014

Send email feedback- sweyer@stites.com