Blog – Adam Garson Law

Real Trademarks Used in Virtual Worlds – Part II In our June 2009 newsletter, we wrote about the challenges posed by Virtual Worlds such as Second Life to trademark owners.  The commercialization of virtual worlds by real life companies and the apparently rampant unauthorized use of trademarks by virtual world residents has created new “territory” […]

If the American Society of Composers, Authors, and Publishers (ASCAP) has its way, each time your ringtone sounds in a public place, it is a public performance and, assuming you didn’t pay a royalty (a good assumption), you have violated copyright law.  That’s the claim made by ASCAP in responding to AT&T’s Motion for Summary […]

Creative people are, well, creative.  The late Michael Jackson was an inventor as well as an entertainer.  He held U.S. Patent 5,255,452 issued October 26, 1993 for a “Method and Means for Creating Anti-Gravity Illusion.”  His invention was a dance shoe featuring a heel that he could secure to the floor while performing a dance […]

If you create a corporate entity in a state where your company may not have a physical presence, most states will require you to maintain a corporate agent, that is, an individual or entity who is responsible for receiving legal documents — notices and court papers — on behalf of your company. Pennsylvania differs in […]

Why not skip the cost and uncertainty of the patent process and simply mark your product as patented or as ‘patent pending’ when you have no patent or no patent pending? The patent statute at 35 U.S.C. 292 provides that falsely labeling something as ‘patented’ or ‘patent pending’ is subject to a fine of up […]

By now, anybody in the know who uses Facebook, is scrambling (or has scrambled) to get their own vanity user name. On Saturday, June 13, 2009, Facebook opened the door for an estimated 200 million users to select any “username” they wanted virtually without limitation.  The benefit is to have a URL which reads “Facebook.com/UserName,” […]

“Design patents” address how something looks; namely, the ornamental design of the object. Examples of patented designs include the appearance of a chest of drawers and the appearance. of silverware. “Design patents” are different from “utility patents,” which protect how something works, such as a better mousetrap. The U.S. Patent and Trademark Office is speeding […]

Real Trademarks Used in Virtual Worlds, Second Life In a lawsuit filed in April 2009, Taser International, Inc.,  the world’s largest maker of stun guns sued Linden Research Inc. (“Linden Lab”), the San Francisco based company, which runs Second Life, the online virtual world.  Taser Int’l, Inc. v. Linden Research, Inc., 2:09-cf-00811-ROS (D. Az 2009). […]

Lawyers often talk about the benefits of federal trademark registration.  Federal registration bestows upon the trademark owner the ability to bring infringement actions in federal court, it provides evidentiary presumptions about use and validity of the mark, it bestows a presumption of incontestability (after 5 years), it provides constructive notice that the mark is yours, […]