All posts by: Adam Garson

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Keeping it Private in the Work Place

September 30, 2010 Internet Law

Have you ever wondered about the privacy of your web-based e-mail communications, e.g., Hotmail, Yahoo, or Gmail, as you carry out your personal business on your company-owned computer?  A March 2010 decision by the Supreme Court of New Jersey sheds some light on the subject.  In Stengart vs. Loving Care Agency, Inc.,  Marina Stengart used […]

The Secret of the Nooks and Crannies

August 27, 2010 Lipton Weinberger & Husick Blog

Traditional methods of intellectual property protection have their limitations, particularly for protecting ideas. Patents only protect new, useful and nonobvious ideas, the details are public, and protection last only for a fixed term of 17 or 20 years years, depending upon the filing date; and trademark and copyright law do not protect ideas at all. […]

The Good Grammar of Copyrights and Trademarks

July 23, 2010 Copyright, Trademark

In the world of intellectual property, the precise use of language is important, whether preparing a copyright, trademark, or patent application, drafting an assignment or license agreement, or in oral communication.  In a short article on the subject, Daniel Kegan, wrote in the newsletter of the Illinois State Bar Association, “Many people, journalists, and judges […]

The United States Supreme Court Sends a Message

June 28, 2010 Internet Law

An employer’s right to monitor employees’ electronic communications in the workplace is fairly well settled, particularly when the employer provides its employees with the equipment and has express policies on computer and Internet usage. In City of Ontario v. Quon, the United States Supreme Court has finally added to the growing body of law on […]

International Piracy Makes the Headlines

May 28, 2010 Copyright

In 2003, then Senator Joe Biden and three other Congressmen formed the Congressional International Anti-Piracy Caucus. In an invitation to Congress, the Caucus wrote that “Our bipartisan Caucus will work to support congressional efforts to deal with the problem of piracy and Administration efforts to obtain strong intellectual property protections in the context of international […]

Eyjafjallajokull — Force Majeure

April 28, 2010 Lipton Weinberger & Husick Blog

The interruption caused by Eyjafjallajokull has been devastating.  Putting aside the personal inconvenience and expense suffered by airlines, passengers and the travel and vacation industries, the consequence to other businesses has been far reaching — missed deliveries and shipments, upset production schedules, canceled meetings, delayed or canceled business deals, and more.  Believe it or not,  […]

Don’t Go Naked When Assigning a Trademark

March 31, 2010 Trademark

So you want to sell your trademark to another business. You can do that because trademarks are considered property and may be bought and sold. But trademarks are also special kinds of property and one must use care when crafting the sale so that it is effective and enforceable by both parties to the transaction. […]

Intent-to-Use Trademark Applications and the Power of the Internet

February 23, 2010 Trademark

Intent-to-Use Trademark Applications The U.S. Patent and Trademark Office (“USPTO”) permits trademark owners to file a registration application even before the owner actually uses a trademark so long as the owner has a bona fide intention to use it in interstate commerce.   The so-call “Intent-to-Use” trademark registration application is a useful tool because it lets […]

Using Trademarks Where They Don’t Belong

January 28, 2010 Trademark

Trademarks (and service marks) identify the source of products and services, while trade names are short hand references to businesses. Some company names are, indeed, used as trademarks; that is, they identify the product or service of the owners.  Two that come to mind are Coca-cola® and Microsoft®.  Proper trademark usage requires placing your mark […]

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