All posts by: Adam Garson

About Adam Garson

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 […]

Patent Reform Signed into Law

September 30, 2011 Patent

On September 16, 2011 President Obama signed the ‘America Invents Act‘ into law.  More than five years in the making, the Act will have profound consequences for inventors, for companies whose employees create inventions and for persons accused of patent infringement.  Over the next several newsletters, we will bring you up to speed and explain […]

Descriptive Trademarks Before the Board: Apple Loses One

September 30, 2011 Trademark

When clients ask us to file a trademark application, one of the first things we evaluate is the strength of the proposed trademark.  Is it a strong, distinctive mark that will pass muster with trademark law, or is it a weak, non-distinctive mark that will inevitably be rejected by the Patent and Trademark Office (PTO)?   […]

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