If two inventors working independently create the same invention, which one is entitled to a patent? Is it the person who invents first or the person who files a patent application first? Under current U.S. law, the person who is “first to invent” is entitled to the patent. In the rest of the world, the […]
Blog – Adam Garson Law
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 […]
The United States District Court for the District of Utah Central Division has issued permanent injunctions and issued a judgment for approximately $9.7 in a case dealing with theft of trade secrets. Clearone Communications alleged that two individuals appropriated computer code known as “honeybee code” in violation of an asset purchase agreement and in violation […]
iPod to the Queen. Did the President violate the law?
April 20, 2009
Copyright
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 […]
Patent Filings and Revenue are down at the PTO
April 20, 2009
Trademark
Based on patent filings thus far in 2009, the number of new applications filed in 2009 is projected to drop by more than 11 percent from 2008. The drop in applications translates into a significant decrease in current revenue to the Patent and Trademark Office (‘PTO’) from fees. The drop in revenue creates a major […]
Trademarks — Use Them or Lose Them but Don’t Fudge It!
April 20, 2009
Trademark
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 […]
Are pirates selling counterfeit goods bearing your trademark on EBay? Are unlicensed copies of your software or bootleg copies of your CD being sold on EBay? Has ad copy been lifted from your web site and placed in EBay ads? Are knock-offs of your patented invention being sold on EBay? If you answer ‘yes’ to […]
When you file your patent application, you automatically achieve ‘patent pending’ status. You can mark your product as ‘patent pending’ and use ‘patent pending’ in advertising and product packaging. For some inventions, particularly consumer products, ‘patent pending’ status can be a valuable marketing tool and can help your product vie for attention in the marketplace. […]
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 […]
Linking May be Dangerous to Your Health
March 18, 2009
Internet Law, Trademark
In our Internet-enabled world, businesses that do not operate their own web site are the exception, not the rule. Web site owners constantly strive to create dynamic, interesting content. Sometimes, the courts rule they have gone too far even when the legal ice is very thin. Slate, the online daily, recently reported the following. A […]