misc.int-property Google Group

Assigning a trademark

2008-09-02T18:39:29Z

Is it possible for one party to give permission to another party to
use it's trademark, e.g. a trademark owned by a holding company to an
operational arm?
Thank you in advance ...

Patent Agent FAQ

2008-09-02T04:59:15Z

Archive-name: legal/patents/agent-faq
Last-modified: 2007/10/13
Posting-Frequency: Biweekly
Copyright: Roger Schlafly
Patent Agent FAQ
Q: What is a patent agent?
In the USA, A patent agent is someone who is licensed by the United
States Patent and Trademark Office (USPTO) to represent clients in

Re: JMRI case -- Implementation of the Federal Circuit's Opinion

2008-08-30T15:11:40Z

"Technically, the Federal Circuit's ruling will have no precedential,
effect. Because of an unusual quirk in US law, the court had to apply
the legal standards of a sister appellate court, the 9th Circuit Court
of Appeals; and the Federal Circuit's interpretation of 9th Circuit law
has no precedential value. "Even a future Federal Circuit case on this

Re: JMRI case -- Implementation of the Federal Circuit's Opinion

2008-08-30T14:34:05Z

[...]
C'mon dak, according to CAFC's moronic trio, a license stating that "you
can reproduce and/or perform my song _provided that_ the sound level
doesn't exceed 80 dB" creates a copyright (not a contract) liability at
80.0000000000000001+ dB and more because "provided that" is treated as a
"condition" by three CAFC's idiots.

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2008-08-30T09:48:37Z

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Re: Comic Book Creator - Relinquish Rights to my Characters?

2008-08-28T04:18:25Z

In article <reply_in_group-562793.1824502 7082...@news.supernews.com>,
The OP seems to have not gotten the terminology quite right. Based on
the excerpt from the FAQ that someone just posted, they're not claiming
that they own the rights to the finished products that incorporate their
artwork, just that the user can't distribute them.

Re: Comic Book Creator - Relinquish Rights to my Characters?

2008-08-28T01:24:50Z

In article <barmar-B3E755.00160027082...@ newsgroups.comcast.net>,
...
That still wouldn't give the company the rights to his works. If I
write a "Star Trek" novel without permission, for example, that doesn't
give Paramount any rights to it. I can't publish it without their
permission, but they can't take it and use it without my permission.

Re: Comic Book Creator - Relinquish Rights to my Characters?

2008-08-27T07:42:54Z

They have an faq located at:
[link]
It states:
7. Can I publish and sell my comic book?
Comic books you create with your own artwork can be published and
sold. Comic books and other products such as posters, advertisements,
etc. created with licensed art cannot be reproduced for sale or

Re: Comic Book Creator - Relinquish Rights to my Characters?

2008-08-27T04:16:00Z

In article <reply_in_group-A671ED.1858232 6082...@news.supernews.com>,
Maybe they claim that anything created using the software is a
derivative work of theirs, because elements of the application are
incorporated into the resulting products.

Re: Comic Book Creator - Relinquish Rights to my Characters?

2008-08-27T01:58:23Z

In article
<304a6877-4652-480a-8395-4af07 572a...@a70g2000hsh.googlegrou ps.com>,
Have you checked the license? If you don't already have the software,
they offer a trial version for download, which should have the license.
I doubt they claim rights to your characters--the copyright is yours
unless somehow the works count as works for hire, and I don't see any

Re: Comic Book Creator - Relinquish Rights to my Characters?

2008-08-26T07:40:09Z

To answer this question we'd need to see the relevant part of
the license agreement. Can you look for copyright or intellectual
property clauses and post them here?
Arnoud

Comic Book Creator - Relinquish Rights to my Characters?

2008-08-26T00:46:42Z

Hello,
I'm interested in using "Comic Book Creator version 2.0" to do some
comic strips. I'm interested in importing my own images and
characters, but was told that if I use this program to develop these
characters, I will be relinquishing the rights to these characters to
the owner of the software. They say that this is in the fine-print of

Re: JMRI case -- Implementation of the Federal Circuit's Opinion

2008-08-24T13:51:17Z

* David Kastrup peremptorily fired off this memo:
Sig material!
Although the one below I just have to leave stet, even though it break
Usenet etiquette.

Re: JMRI case -- Implementation of the Federal Circuit's Opinion

2008-08-24T10:03:05Z

With your remarkable grasp of legal matters I would not be overly
surprised if you considered dumping your household garbage in a cemetery
to be perfectly feasible since their policies of only burying dead
persons amounts to asking for murder and thus any of their conditions
and tariffs need not be heeded.

Re: JMRI case -- Implementation of the Federal Circuit's Opinion

2008-08-24T01:04:23Z

It's a loooooooong way from over. The Federal Circuit ruled narrowly on
whether the terms were "covenants" or "conditions" and that's all --
discovery has yet to be initiated concerning the merits of the case.
Contract "conditions" and "covenants" are both "contract terms". Terms
of a contract are subject to the rules of contract interpretation