All posts by: Adam Garson

About Adam Garson

A Book By Any Other Name

March 29, 2012 Internet Law

Readers of this newsletter will recall that trademark rights in the United States are established by use, not by registration. There are benefits to registration, of course, but rights arise by the actual use of a mark in commerce in conjunction with a product or service. Often, the assertion of a trademark use is indicated […]

Healthcare Reform Affects Intellectual Property

March 29, 2012 Intellectual Property

This week the United States Supreme Court heard arguments over the constitutionality of the Patient Protection and Affordable Care Act (PPACA).  The ten titles of PPACA, along with amendments to the “Health Care and Education Reconciliation Act of 2010” regulate multiple industries making up approximately one-sixth of the national economy, all of which affect science, […]

‘Justice Delayed is Justice Denied’*

February 29, 2012 Patent

Unless the courts quickly resolve disputes, there is no justice.  As former Chief Justice Warren E. Burger said: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to […]

Is Facebook Your Friend?

February 29, 2012 Internet Law

Do you have a Facebook Account?  Do you realize that every time you click the “Like” button for a product, service or website,  Facebook may distribute a paid advertisement (“a sponsored story”) using your name to all of your “Friends” suggesting that you are recommending the product or service?  While Facebook is described in the […]

IPad Trademark Disputes Continue to Haunt Apple

February 29, 2012 Trademark

Trademark lawyers often enjoy following trademark disputes involving  famous trademarks. If you haven’t heard about Apple Computer’s court battle over ownership rights for the “iPad” trademark in China, read on. The Chinese owner of the “iPad” trademark is not Apple but  a beleaguered video display manufacturer known as Proview.  In 2001, Proview obtained rights to the […]

Stopping a Patent

January 31, 2012 Patent

Consider the following situation:  you learn that your competitor has a pending U.S. patent application for a product that you make.  Any resulting patent could be disastrous for your company.  What can you do to stop or limit your competitor’s application? The PTO has proposed a new rule that would allow you to notify your […]

Cameras and Bicycles — Say Cheez!

January 31, 2012 Trademark

You’ve probably heard about the bankruptcy of Eastman Kodak Company.  Yes, everyone sees the irony in a once successful company famous for its technical innovations failing to keep pace with the rapid speed of digital technology.  Should we write off Kodak and leave it to the dry and dusty bins of history — as one […]

A Tale of (More Than) Two Brothers

January 31, 2012 Copyright

History, though sometimes a dry and dusty exercise, may occasionally teach important lessons in trademark law, and in common sense (a quality often found lacking in trademark attorneys).  Case in point: the dispute between Warner Bros. movie studio and the Marx Brothers, over the film “A Night in Casablanca”. Our story opens in 1947.  Groucho […]

Walmart Sponsors New Product Competition

January 31, 2012 Patent

Walmart currently is sponsoring a ‘get on the  shelf‘ competition to identify new products for sale through Walmart.com and its brick-and-mortar stores.  The contest rules require that applicants submit an entry form and a link to a YouTube video of the product.  After the entries are vetted by Walmart, links to the YouTube videos will be placed on the ‘get on […]

French Fries Sue Crabs…What Next?

December 31, 2011 Trademark

The owner of the popular Chickie and Pete’s (CP) restaurant chain, Pete Ciarrocchi, is on a tear trying to maintain his monopoly over the use of “crab fries,” a seasoned french fry product, which Philadelphia Magazine claims Ciarrocchi invented.  Not so says a handful of restaurants in the Maryland eastern shore who have orchestrated a […]

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