Blog – Adam Garson Law

23Jun 2009

Real Trademarks Used in Virtual Worlds

June 23, 2009 Adam Garson Trademark

Real Trademarks Used in Virtual Worlds, Second Life In a lawsuit filed in April 2009, Taser International, Inc., the world’s largest maker of stun guns sued Linden Research Inc. (“Linden Lab”), the San Francisco based company, which runs Second Life, the online virtual world. Taser Int’l, Inc. v. Linden Research, Inc., 2:09-cf-00811-ROS (D. Az 2009). […]

23Jun 2009

Developments at the Board of Patent Appeals and Interferences

June 23, 2009 Robert Yarbrough Patent

The Board of Patent Appeals and Interferences (“BPAI”) is the body within the Patent and Trademark Office that hears appeals. If a patent application is rejected twice by an examiner, the applicant can appeal to the BPAI and ask that the examiner’s decision be reversed. If the applicant is not happy with the decision of […]

29May 2009

Benefits of State Trademark Registration – Not Many

May 29, 2009 Adam Garson Trademark

Lawyers often talk about the benefits of federal trademark registration. Federal registration bestows upon the trademark owner the ability to bring infringement actions in federal court, it provides evidentiary presumptions about use and validity of the mark, it bestows a presumption of incontestability (after 5 years), it provides constructive notice that the mark is yours, […]

29May 2009

Patent Reform: “First to File” and “First to Invent”

May 29, 2009 Robert Yarbrough Patent

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 […]

29May 2009

Don’t Forget Trade Secrets

May 29, 2009 Adam Garson Lipton Weinberger & Husick Blog

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 […]

29May 2009

$9.7 Million Judgment in Trade Secrets Case

May 29, 2009 Robert Yarbrough Lipton Weinberger & Husick Blog

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 […]

20Apr 2009

iPod to the Queen. Did the President violate the law?

April 20, 2009 Adam Garson 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 […]

20Apr 2009

Patent Filings and Revenue are down at the PTO

April 20, 2009 Robert Yarbrough 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 […]

20Apr 2009

Trademarks — Use Them or Lose Them but Don’t Fudge It!

April 20, 2009 Adam Garson 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 […]

20Apr 2009

How to protect your trademark, copyright or patent from infringement on EBay

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 […]

Blog – Adam Garson Law

Real Trademarks Used in Virtual Worlds

Developments at the Board of Patent Appeals and Interferences

Benefits of State Trademark Registration – Not Many

Patent Reform: “First to File” and “First to Invent”

Don’t Forget Trade Secrets

$9.7 Million Judgment in Trade Secrets Case

iPod to the Queen. Did the President violate the law?

Patent Filings and Revenue are down at the PTO

Trademarks — Use Them or Lose Them but Don’t Fudge It!

How to protect your trademark, copyright or patent from infringement on EBay

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