All posts by: Adam Garson

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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 […]

Bloggers and Advertisers are Cautioned by New FTC Guidelines on Product Endorsements

December 22, 2009 Internet Law, Trademark

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 […]

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 […]

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