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, […]
Blog – Adam Garson Law
Ask Dr. Copyright
February 29, 2012
Ask Dr. Copyright, Copyright
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 […]
‘Justice Delayed is Justice Denied’*
February 29, 2012
Patent
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 […]
Is Facebook Your Friend?
February 29, 2012
Internet Law
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 […]
IPad Trademark Disputes Continue to Haunt Apple
February 29, 2012
Trademark
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 […]
Stopping a Patent
January 31, 2012
Patent
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 […]
Cameras and Bicycles — Say Cheez!
January 31, 2012
Trademark
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 […]
A Tale of (More Than) Two Brothers
January 31, 2012
Copyright
History, though sometimes a dry and dusty exercise, may occasionally teach important lessons in trademark law, and in common sense (a quality often found lacking in trademark attorneys). Case in point: the dispute between Warner Bros. movie studio and the Marx Brothers, over the film “A Night in Casablanca”. Our story opens in 1947. Groucho […]
Walmart Sponsors New Product Competition
January 31, 2012
Patent
Walmart currently is sponsoring a ‘get on the shelf‘ competition to identify new products for sale through Walmart.com and its brick-and-mortar stores. The contest rules require that applicants submit an entry form and a link to a YouTube video of the product. After the entries are vetted by Walmart, links to the YouTube videos will be placed on the ‘get on […]
Dear Doc: My company makes small electronic products. We design circuit boards and write software, selling the finished products to a variety of industries. Recently, we found out that a former employee may have given our designs to a competitor. Can copyright law help us? Signed, Ripped-Off Dear Rip: You betcha (as Sarah Palin has […]