Blog – Adam Garson Law

29Mar 2012

Ask Dr. Copyright

March 29, 2012 Ask Dr. Copyright, Copyright
uploading photos

 Dear Doc: What ever happened to “RightHaven” that company you called a “copyright troll” and that was suing bloggers for quoting from the Las Vegas newspaper? Signed, Just Curious, With Nothing Better to Do Dear JC: It turns out that RightHaven was beaten back by some of the defendants that it sued, with the help […]

29Mar 2012

A Book By Any Other Name

March 29, 2012 Internet Law
TM is for Trademarks

Readers of this newsletter will recall that trademark rights in the United States are established by use, not by registration. There are benefits to registration, of course, but rights arise by the actual use of a mark in commerce in conjunction with a product or service. Often, the assertion of a trademark use is indicated […]

29Mar 2012

Healthcare Reform Affects Intellectual Property

March 29, 2012 Intellectual Property
courtroom

This week the United States Supreme Court heard arguments over the constitutionality of the Patient Protection and Affordable Care Act (PPACA).  The ten titles of PPACA, along with amendments to the “Health Care and Education Reconciliation Act of 2010” regulate multiple industries making up approximately one-sixth of the national economy, all of which affect science, […]

29Feb 2012

Ask Dr. Copyright

February 29, 2012 Ask Dr. Copyright, Copyright
TM is for Trademarks

Dear Doc, A few years ago, I remember reading that Google was digitizing every book in a bunch of libraries, and that soon, we would be able to search them all online.  What’s up with that? Signed, Still Waiting After All These Years Dear SWAATY: You’re right – Google did start the Google Books Project […]

29Feb 2012

‘Justice Delayed is Justice Denied’*

February 29, 2012 Patent
Trademarks

Unless the courts quickly resolve disputes, there is no justice.  As former Chief Justice Warren E. Burger said: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to […]

29Feb 2012

Is Facebook Your Friend?

February 29, 2012 Internet Law
Copyright

Do you have a Facebook Account?  Do you realize that every time you click the “Like” button for a product, service or website,  Facebook may distribute a paid advertisement (“a sponsored story”) using your name to all of your “Friends” suggesting that you are recommending the product or service?  While Facebook is described in the […]

29Feb 2012

IPad Trademark Disputes Continue to Haunt Apple

February 29, 2012 Trademark
TM is for Trademarks

Trademark lawyers often enjoy following trademark disputes involving  famous trademarks. If you haven’t heard about Apple Computer’s court battle over ownership rights for the “iPad” trademark in China, read on. The Chinese owner of the “iPad” trademark is not Apple but  a beleaguered video display manufacturer known as Proview.  In 2001, Proview obtained rights to the […]

31Jan 2012

Stopping a Patent

January 31, 2012 Patent
deposit boxes

Consider the following situation:  you learn that your competitor has a pending U.S. patent application for a product that you make.  Any resulting patent could be disastrous for your company.  What can you do to stop or limit your competitor’s application? The PTO has proposed a new rule that would allow you to notify your […]

31Jan 2012

Cameras and Bicycles — Say Cheez!

January 31, 2012 Trademark
Internet and Intellectual Property

You’ve probably heard about the bankruptcy of Eastman Kodak Company.  Yes, everyone sees the irony in a once successful company famous for its technical innovations failing to keep pace with the rapid speed of digital technology.  Should we write off Kodak and leave it to the dry and dusty bins of history — as one […]

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