All posts by: Adam Garson

About Adam Garson

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 […]

You may have heard that during his recent visit, President Obama reportedly presented Queen Elizabeth II of England with a personalized iPod loaded with 40 show tunes.  An article in the Electronic Frontier Foundation (“EFF”) web site by Fred von Lohmann recently pondered whether President Obama violated the law by presenting the Queen with digital […]

The United States trademark system is a “use” based system.  Using your trademark bestows upon you the benefits of trademark ownership so long as you are the first to identify your particular goods and services in the geographical region in which you do business.  Use is paramount and can even trump another user’s valid federal […]

Where Should I Register my Copyrights and Trademarks? Yes, that’s correct.   According to the The U.S. Customs & Border Protection (CBP), a bureau of the Department of Homeland Security, trade in counterfeit and pirated goods threatens America’s economy, U.S. workers, national security and the health and safety of consumers. Stopping the flow of counterfeit goods into […]