Confused over when to use the appropriate symbol when referring to trademarks and copyrights? Here’s the scoop. The “C” in the circle is notice to the world that the associated work is protected by copyright law. Although not required by the Copyright Act, it may be placed on any published work. Registration of the copyright […]
Blog – Adam Garson Law
PTO Director Kappos Proposes to Reform the Examiner ‘Count’ System
September 24, 2009
Patent
David Kappos, the newly-sworn Director of the U.S. Patent and Trademark Office (‘PTO’), is moving quickly to place his mark upon the agency. In one of his first acts, Director Kappos launched an internal PTO task force to change fundamentally the way that patent examiners review patent applications. At present, the PTO measures the productivity […]
Congress Considers Copyright Protection for Fashion Designs
September 24, 2009
Copyright
Our office frequently receives calls from young entrepreneurs asking us to copyright their latest fashion design. Sadly, we tell them that copyright does not offer the protection they seek and, in fact, they will have to enter the market place with the expectation that their designs, if good enough, will inspire “knock off” copies. This […]
News from LWH
August 20, 2009
Lipton Weinberger & Husick Blog
On July 21, 2009, Adam Garson made a presentation on the basics of copyright law to the Lehigh Valley Writers Symposium. In attendance were writers, publishers, photographers and online entrepreneurs. The group asked many questions in a lively post-presentation discussion. If your group would like Adam or other lawyers at Lipton, Weinberger & Husick to […]
New PTO Administrator
August 20, 2009
Patent
David Kappos was sworn in as the new Administrator of the PTO this month. As Administrator, he will be the chief executive officer of the agency and in charge of the PTO’s several thousand employees, including patent and trademark examiners. Mr. Kappos has spent his career as in-house patent counsel to IBM, the single largest […]
Is a Download a Performance? Composers Think So.
August 20, 2009
Copyright
The Copyright Act is continually subject to pressures created by technological and economic forces. Here’s yet another example. Composers and producers are urging Congress to change copyright law so that music airing in a audio-visual downloads are considered public performances and, therefore, deserving of royalty compensation. Federal law, of course, grants owners of copyrights the […]
Supreme Court to Consider What Can Be Patented
August 20, 2009
Patent
For several years, the U.S. has considered methods of doing business and computer software as proper subjects for patents, while the rest of the world generally does not. In October 2008, the Federal Circuit Court of Appeals considered the issue of what processes can be patented in the case of In Re Bilski. The Federal […]
Real Trademarks Used in Virtual Worlds Part II
August 20, 2009
Trademark
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” […]
Is ASCAP Crazy?
July 21, 2009
Copyright
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 […]
Michael Jackson Defied Gravity
July 21, 2009
Patent
Creative people are, well, creative. The late Michael Jackson was an inventor as well as an entertainer. He held U.S. Patent 5,255,452 issued October 26, 1993 for a “Method and Means for Creating Anti-Gravity Illusion.” His invention was a dance shoe featuring a heel that he could secure to the floor while performing a dance […]