Delaware Intellectual Property Legal Questions

The terms of the license agreement appear somewhat contradictory. On the one hand, A agreed not to sue for the manufacture of the Licensed Product, and on the other hand, A has exempted a patent covering a method of making the Licensed Product. If viewed consistent with each other, B can manufacture the Licensed Product so long as the Licensed Product is not manufactured by the method of the unlicensed method patent.  However, a problem arises if the Licensed Product can only be manufactured by the method of the unlicensed method patent, and not enough facts exist to determine whether the right to manufacture the Licensed Product implicitedly gave a license under the method patent given that it appears from the statement of facts that the existance of the method patent was not disclosed by A to B.... Read More

You should repost this question in an employment law section, it doesn't really involve any intellectual property issues.  My best recollection from law school is that most people are employees-at-will (if you have an employee handbook, it probably mentions this) and can be terminated without cause (and without good cause). If you are part of a union, then it becomes something to discuss with them. You will get better answers from an employment attorney. I hope you are ok.... Read More

The answer is that you do not own the IP in question and cannot be certain that your actions will not be questioned in the future by your former economic "partners" in this enterprise. As you know, the IP belongs to the dissolved corporation -- and therefore to the stockholders -- and not to you. Therefore, youw would proceed with an individual sale at your peril.... Read More

To use a photograph without permission from the owner of the copyright, the photograph must either be in the public domain or else your use must be a "fair use." You say that the photographs are in the public domain. As of today, a photograph is absolutely no longer protected under copyright if it was published before 1923. If it was published after that date, you should consult an attorney because the laws regarding term of copyright vary greatly depending on when the photograph was published; if a copyright notice was placed on the photograph; and if the copyright was renewed, among other factors. Even if the photograph is still protected by copyright, a "fair use" is not infringement. Whether your use is commercial or non-commercial is only one factor considered in determining if your use is a "fair use." Other factors include how much of the original photograph you are using and the effect of your use on the value of the photograph. Courts can take into account other factors as well. You mention that the photographs are offered through archives for non-commercial use only - if they are truly public domain, then anyone is free to use them for any reason so I would dig deeper into figuring out if they are truly public domain. Since you are raising money through kickstarter for what will become a commercial enterprise, there is an argument that your give-aways are a commercial use of the photographs. If you have a question, check with the archives in advance - unlike the truism, here it is easier to ask permission than forgiveness in case they don't agree with you. There is one final issue as well. You also need to consider if you have permission to use the likenesses of persons or the images of private buildings or other copyrighted works in the photographs. These people and copyright owners also have rights that need to be considered. I would consult with an attorney to avoid a problem.... Read More