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 […]
All posts by: Adam Garson
What’s in a Name? Choosing a domain name can be tricky business
November 26, 2009
Internet Law, Trademark
Today, a presence on the Internet is a vital part of business marketing and sales. That presence is typically represented by the existence of a web site hosted on a particular domain name. A domain name is the portal to your business and is an important part of the overall marketing process. Picking a domain […]
Lessons Learned – Read Your Software Licenses Carefully!
November 26, 2009
Licensing
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 […]
Ringtones Freed by District Court
October 23, 2009
Copyright
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 […]
The “Mighty Mouse” Trademark Saga
October 23, 2009
Trademark
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 […]
News from LWH
September 24, 2009
Lipton Weinberger & Husick Blog
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 […]
Congress Considers Copyright Protection for Fashion Designs
September 24, 2009
Copyright
Our office frequently receives calls from young entrepreneurs asking us to copyright their latest fashion design. Sadly, we tell them that copyright does not offer the protection they seek and, in fact, they will have to enter the market place with the expectation that their designs, if good enough, will inspire “knock off” copies. This […]
News from LWH
August 20, 2009
Lipton Weinberger & Husick Blog
On July 21, 2009, Adam Garson made a presentation on the basics of copyright law to the Lehigh Valley Writers Symposium. In attendance were writers, publishers, photographers and online entrepreneurs. The group asked many questions in a lively post-presentation discussion. If your group would like Adam or other lawyers at Lipton, Weinberger & Husick to […]
Is a Download a Performance? Composers Think So.
August 20, 2009
Copyright
The Copyright Act is continually subject to pressures created by technological and economic forces. Here’s yet another example. Composers and producers are urging Congress to change copyright law so that music airing in a audio-visual downloads are considered public performances and, therefore, deserving of royalty compensation. Federal law, of course, grants owners of copyrights the […]