All posts by: Adam Garson

About Adam Garson

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 […]

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 […]

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 […]

Real Trademarks Used in Virtual Worlds – Part II In our June 2009 newsletter, we wrote about the challenges posed by Virtual Worlds such as Second Life to trademark owners.  The commercialization of virtual worlds by real life companies and the apparently rampant unauthorized use of trademarks by virtual world residents has created new “territory” […]

If the American Society of Composers, Authors, and Publishers (ASCAP) has its way, each time your ringtone sounds in a public place, it is a public performance and, assuming you didn’t pay a royalty (a good assumption), you have violated copyright law.  That’s the claim made by ASCAP in responding to AT&T’s Motion for Summary […]

If you create a corporate entity in a state where your company may not have a physical presence, most states will require you to maintain a corporate agent, that is, an individual or entity who is responsible for receiving legal documents — notices and court papers — on behalf of your company. Pennsylvania differs in […]

By now, anybody in the know who uses Facebook, is scrambling (or has scrambled) to get their own vanity user name. On Saturday, June 13, 2009, Facebook opened the door for an estimated 200 million users to select any “username” they wanted virtually without limitation.  The benefit is to have a URL which reads “Facebook.com/UserName,” […]

Real Trademarks Used in Virtual Worlds, Second Life In a lawsuit filed in April 2009, Taser International, Inc.,  the world’s largest maker of stun guns sued Linden Research Inc. (“Linden Lab”), the San Francisco based company, which runs Second Life, the online virtual world.  Taser Int’l, Inc. v. Linden Research, Inc., 2:09-cf-00811-ROS (D. Az 2009). […]

Lawyers often talk about the benefits of federal trademark registration.  Federal registration bestows upon the trademark owner the ability to bring infringement actions in federal court, it provides evidentiary presumptions about use and validity of the mark, it bestows a presumption of incontestability (after 5 years), it provides constructive notice that the mark is yours, […]

Ask a knowledgeable layperson to define “Intellectual property” he or she typically lists patents, trademarks, and copyrights.  A fourth type of intellectual property, “trade secrets,” should not be ignored.  Trade secrets consist of any idea, process, formula or other information that a company or individual wishes to protect from infringement (i.e., from being stolen) by […]