All posts by: Adam Garson

About Adam Garson

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 […]

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 […]

On December 1, 2010, the Federal Trade Commission (FTC) promulgated new guidelines governing endorsements and testimonials.  Although the guidelines — being just “guidelines” — do not have the force of law,  they do provide insight on how the FTC will interpret the law.  The guidelines cover endorsements by bloggers, consumers, experts, and organizations.  Let’s look […]

A recent case before the United States District Court of Appeals demonstrates how important it is for companies to understand their software licenses when planning mergers and reorganizations.  Novelis Corporation learned the hard way when it completed an internal corporate restructuring.  Here’s what happened in Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th […]

In our July newsletter, we posed the question of whether the American Society of Composers, Authors, and Publishers (ASCAP) was crazy (tongue in cheek, or course).  You may recall that ASCAP was seeking public performance licensing fees for ringtones.  ASCAP demanded royalties for every transmission and sounding of a ringtone because each was a public […]

This week Apple Computer, Inc. (Apple) released a bevy of new products including a newly designed, multi-touch mouse, monikered “Magic Mouse“.  Interestingly, Apple just recently lost a trademark dispute with Man & Machine, Inc. (Man & Machine) over the “Mighty Mouse” trademark, which happened to be the mark used for Apple’s previous mouse product introduced […]

On September 17, 2009, Adam Garson made a presentation on copyright and trademark law to the National Organization of Professional Organizers (NAPO).  If your group would like Adam or other lawyers at Lipton, Weinberger & Husick to present topics on intellectual property law, let us know.  We’d be pleased to help.

Confused over when to use the appropriate symbol when referring to trademarks and copyrights?  Here’s the scoop. The “C” in the circle is notice to the world that the associated work is protected by copyright law.  Although not required by the Copyright Act, it may be placed on any published work.  Registration of the copyright […]