• About

    Pamela Chestek practices in trademark, copyright, open source, advertising, and marketing law. She has worked in both law firm and in-house environments serving a variety of fields—-footwear and apparel, software, design, retail, and manufacturing are a few.  She has been an adjunct law professor and often writes and speaks about ownership disputes in patent, trademark and copyright cases, including scholarly articles on the subject. You can read more of her writing on her blog, Property, intangible.

    Pam also has extensive experience in the open source community, in particular dealing with the challenge of managing brand identity and consumer expectation in a culture rooted in free access, collaboration and sharing. She brings her experience working collaboratively and transparently to all her client relationships, no matter what the organization.

    Pam has a Bachelor of Fine Arts in Technical Theatre, awarded with high distinction from the Pennsylvania State University. Her law degree is from the Western New England College School of Law (now Western New England University), awarded summa cum laude. She is admitted to practice in Connecticut, the District of Columbia, Massachusetts, New York and North Carolina. You can .

    Articles:

    • The Corporate Enterprise as Trademark Owner—The Proper Interpretation of “In re Wella,” 108 Trademark Rep. 1081 (2018)
    • A Theory of Joint Authorship For Free and Open Source Software Projects 162. Colo. Tech. L.J. 285 (2018)
    • Commentary: The Switch Thrown Wrong—How Railrunner Sent Intent-to-Use Down the Wrong Tracks, 106 Trademark Rep. 693 (2016)
    • Commentary: B&B Hardware and Ex Parte Appeal105 Trademark Rep. 810 (2015)
    • On Notice, Not Claimed: The Role of the Copyright Registration System, Landslide, Jan.-Feb. 2015 at 30 (2015)
    • Commentary: Let’s Kill the “Naked License” Defense, 104 Trademark Rep. 924 (2014)
    • Who Owns the Open Source Project Name?, 103 Trademark Rep. 1240 (2013)
    • Who Owns the Project Name?, International Free and Open Source Software Law Review, 5(2), pp 105 – 120
      DOI: 10.5033/ifosslr.v5i2.87
    • The Uneasy Role of Trade Marks in Free and Open Source Software: You Can Share My Code But You Can’t Share My Brand, 7 J. Intell. Prop. Law & Prac. 126 (2012); republished in 102 Trademark Rep. 1028 (2012)
    • Who Owns the Mark? A Single Framework for Resolving Trademark Ownership Disputes, 96 Trademark Rep. 681 (2006).
    • Control of Trademarks by the Intellectual Property Holding Company, 41 IDEA 1 (2001) (copy available on request).

    Projects:

    Maintainer of FLOSS Model Trademark Guidelines.

    Speaking engagements: