tag:blogger.com,1999:blog-121542842007-09-18T08:39:32.885-06:00Kurt Leyendecker, Esq.Blogger111125This is an XML content feed. It is intended to be viewed in a newsreader or syndicated to another site, subject to copyright and fair use.tag:blogger.com,1999:blog-12154284.post-23712666682348104142007-09-18T08:06:00.000-06:002007-09-18T08:39:32.949-06:00

As recently stated in the online blog Lexology, American Airlines recently sued Google for trademark misappropriation. See American Airlines, Inc. v. Google, Inc., No. 4-070V-487-A (N.D. Texas, Aug. 16, 2007). In its complaint, Amercian alleges that Google's policy of allowing other companies to display paid links to their sites when Google users enter American's trademarks as search terms,

Shane Percival, Esq.tag:blogger.com,1999:blog-12154284.post-75851030065843580662007-08-14T12:05:00.000-06:002007-08-14T13:10:34.354-06:00

Way back on April 19th of this year, I wrote about the potential for patent reform occuring this year, and stating my case for why I was against it (http://www.lld-law.com/2007/04/will-patent-reform-occur-this-year.html#links). Recently, the Wall Street Journal ran a commentary article on the Patent Reform Act of 2007. Although I missed this article, I was lucky enough to see the responses the

Shane Percival, Esq.tag:blogger.com,1999:blog-12154284.post-39478624460620389532007-08-09T07:14:00.000-06:002007-08-14T13:12:06.277-06:00

Another day, another post. I'm obvously trying to quickly break us out of the blogging slump we were in... So, in today's Wall Street Journal, an article states that Johnson & Johnson (J&J) is suing the Red Cross for trademark infringement (WSJ Article Link). Apparently, J&J owns the trademark of a greek red cross in conncection with health care services. J&J had licensed the cross mark to

Shane Percival, Esq.tag:blogger.com,1999:blog-12154284.post-20395157661797959242007-08-08T13:02:00.000-06:002007-08-14T13:13:06.463-06:00

The post is wholly one attorney's opinion and in no way states the opinion of the firm, or attempts to establish any facts. Today I learned that an Invention Promotion Company, InventSAI, may not be fulfilling their required duty, by law, of disclosing the profitability of companies using their services. In fact, there appears to be a question as to whether The InventSAI Network, LLC is

Shane Percival, Esq.tag:blogger.com,1999:blog-12154284.post-64162570987342123742007-08-06T16:44:00.000-06:002007-08-14T13:13:53.307-06:00

OK, for thos of you who don't know me by now should realize that I'm sarcastic. Hence, the title of this blog article. Addtionally, it would be remiss of me if I failed to say sorry. I'm sorry that we've been absent from posting any recent blogs - I suppose the summer blog malaise started to seep as the temperature outisde started to push 100 degrees on a daily basis. So, although this new

Shane Percival, Esq.tag:blogger.com,1999:blog-12154284.post-24412113267851760072007-05-14T18:17:00.000-06:002007-05-15T08:31:25.642-06:00

Between Oct 1, 1998 and Dec 6, 2004, they had a perfectly imperfect record! That is, of 2452 people that signed Phase II representation Agreements, NO ONE, ABSOLUTELY NO ONE made more money than they gave to Advent Product Development! The beauty is this is the number the company itself presented in a recent lawsuit as reported by our friend, Stephen Nipper, over at THE INVENT BLOG. And those of

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-72468496988218635052007-05-14T08:26:00.000-06:002007-05-16T12:32:15.393-06:00

Good Question. A recent article in the ABA Journal by Steve Seidenberg discusses the most recent group of business method patents to hit the PTO - tax patents. These patents cover useful, unique and nonobvious implementations of the tax law. Mr. Seidenberg's article takes on an anti-tax patent strategy theme in discussing whether tax patents in particular and legal strategy patents in

Shane Percival, Esq.tag:blogger.com,1999:blog-12154284.post-91506185175605653232007-05-09T17:54:00.000-06:002007-05-09T18:02:55.440-06:00

For Answers to More Questions Click Here Ok, I have been so consumed with writing content to expand the useful content displayed on our main Website , that I have kind of neglected the blog. Never fear, we are back with the next installment of answering your frequently asked questions. This next one was actually inspired by a comment that was left on one of the earlier trademark articles. Q:

Peter C. Lemire, Esq.tag:blogger.com,1999:blog-12154284.post-3474182179701453402007-05-08T09:47:00.000-06:002007-05-11T22:06:57.201-06:00

Finally.... We have been working on a new site for two years, but we never got around to finalizing it. SO a few months ago we hired a graphic designer to generate our logos and we hired a web designer to design our site and he did a great job! See lighthousewd.com for more information about our designer. The site is at WWW.COLORADOIPLAW.com. It has over DOUBLE the useful content in an easy

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-81668055512788391952007-05-07T16:45:00.000-06:002007-05-11T22:07:22.387-06:00

The past week has been rather sobering at the office: I found out that one of my clients dies of a heart attack at the age of 44. It drives home the point that one can't take anything for granted: even waking up in the morning. I only met with the client a couple of times nearly two years ago but he impressed me with his gregarious and friendly nature. He was certainly one of my more

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-65878524693027178072007-04-19T14:53:00.000-06:002007-04-23T19:05:33.427-06:00

Yesterday, Wednesday, April 18th, 2007, the Senate and House both introduced "new" bills to overhaul the patent system. However, these bill aren't "new". This legislation looks like the same bills that have been introduced in years past. In one corner you have "Big Business" supporting the legislation and in the other corner you have "Individual Inventor" against the legislation. These sides are

Shane Percival, Esq.tag:blogger.com,1999:blog-12154284.post-18001096069128463932007-04-15T14:16:00.000-06:002007-06-20T08:03:19.598-06:00

This past Friday was our blog's second birthday! Sure, it is still referred to as "Our New Blog" on our aging website site of which much of its content is over 5 years old. Alas, the new site is coming, although not nearly fast enough for me anyway. Anyhow to be nostolgic, here is our very first post: Why a Blog? That is a question I am asking myself as I type away. Ultimately, Leyendecker

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-116998339857942272007-04-15T14:05:00.000-06:002007-04-15T14:17:16.470-06:00

FOR ANSWERS TO MORE QUESTIONS CLICK TO VISIT: OUR WEB SITE We continue our popular Patent FAQ series below. Portions of this series can be found on our website. Also, check out our Trademark FAQ series, which, until our new and improved website is launched, can be found only in this BLOG. And if you have not already, click the link above or below and go to our website and add it to your

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-6521979964702128652007-04-04T19:31:00.000-06:002007-04-23T19:06:14.673-06:00

FOR ANSWERS TO MORE QUESTIONS CLICK TO VISIT: OUR WEB SITE 5. What is the Difference between a Design Patent and a Utility Patent? A utility patent is typically what comes to the mind of most people when they think of a patent. Utility patents can be obtained for new and useful processes, machines, articles of manufacture or compositions of matter. Utility patents may not be obtained for:

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-20075818306012541252007-03-29T09:45:00.000-06:002007-04-23T22:17:18.737-06:00

FOR ANSWERS TO MORE QUESTIONS CLICK TO VISIT: OUR WEB SITE Question: Can I get a patent on my idea or invention? We have observed over the years that many people think that in order to receive a patent a person must invent something earthshaking or of great significance. The truth is that merit, potential and/or groundbreaking significance have nothing to do with obtaining a patent for an

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-26293045398677956882007-03-27T18:35:00.000-06:002007-04-23T22:23:00.098-06:00

So last time we discussed common law trademarks so now its time to turn our attention to registered trademarks. Q: if trademark rights aren't created by registration, what does it mean to have a federally registered trademark? A: The second broad class of trademarks is known as “registered trademarks.” Trademarks can be registered at the state or federal level. In general, the benefits of

Peter C. Lemire, Esq.tag:blogger.com,1999:blog-12154284.post-39478640560387450252007-03-22T10:22:00.000-06:002007-04-23T22:23:00.099-06:00

As stated in the Patently-O blog, a couple days ago, the 7th Circuit in JCW Investments v. Novelty, Inc., held that the copyright on the novelty item "Pull My Finger Fred" was infringed by the novelty item "Fartman". The two items are similar dolls of balding middle-aged men sitting in a recliner while wearing a white tank-top & blue pants, where the doll emits a farting noise and a phrase when

Shane Percival, Esq.tag:blogger.com,1999:blog-12154284.post-8849869562026986592007-03-21T17:11:00.000-06:002007-04-23T22:18:09.831-06:00

FOR ANSWERS TO MORE QUESTIONS CLICK TO VISIT: OUR WEB SITE Question: What is a Patent? Simply, a patent is a personal property right granted by a government that gives the owner an exclusive right to prevent others from making, using or selling a claimed invention for a certain period of time. In the United States, the term of a utility patent grant is 20 years from the date of filing a patent

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-12887428603955707232007-03-19T07:33:00.000-06:002007-04-23T22:18:09.832-06:00

FOR ANSWERS TO MORE QUESTIONS CLICK TO VISIT: OUR WEB SITE Question: What are the chances that I will make money from my invention? We have absolutely no idea! Your invention could be incredibly valuable to the particular market segment to which it pertains or it could be a dud. You are in a better position to evaluate that than us. Sometimes timing and luck play a significant role in bringing

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-48697731064746522402007-03-17T09:52:00.000-06:002007-04-23T22:21:53.817-06:00

This is direct from the InventHelp Website: "From 2004-2006, we signed Submission Agreements with 6,269 clients. As a result of our services, 108 clients have received license agreements for their products, and 15 clients have received more money than they paid us for these services." See http://www.inventhelp.com/inventhelp-client-invention-stories.asp. Not much different from the numbers

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-3367044435470445502007-03-16T16:54:00.000-06:002007-04-23T22:23:00.099-06:00

Q: Do I have to have a federal trademark registration to have rights in a trademark? A: This one we get asked a bunch. In fact, if I had a dollar for every time I was asked this question . . . well needless to say I probably wouldn’t be sitting here doing this blog post. Contrary to popular belief, trademark rights do not arise through the actual registration of the trademarks. Trademark

Peter C. Lemire, Esq.tag:blogger.com,1999:blog-12154284.post-51462423775493549092007-03-15T14:44:00.000-06:002007-04-23T22:18:09.832-06:00

FOR ANSWERS TO MORE QUESTIONS CLICK TO VISIT: OUR WEB SITE We are in the process of redesigning our web site to add more content and make it more useful to potential clients. We have beefed up the patent section and added a substantial amount of new content to the business, trademark, copyright and other sections. The new site will truly be one of the most comprehensive law firm sites on the

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-27715858051092925672007-03-11T07:24:00.000-06:002007-06-20T07:56:27.349-06:00

I was driving home the other day when who do you think I heard shilling for LegalZoom: no other than Bill O'Reilly. I guess I shouldn't be surprised. LegalZoom does have a HUGE advertising budget and they use radio as one of their primary advertising mediums. I believe I have heard Denver's own Peter Boyles also personally advertises for Legal Zoom as well. BUT for Bill O'Reilly to shill for

Kurt Leyendecker, Esq.tag:blogger.com,1999:blog-12154284.post-57189260016548832452007-02-27T12:23:00.000-07:002007-05-11T22:06:57.203-06:00

On February 13, 2007 U.S. District Judge Sam Sparks threw out the first suit filed against MySpace concerning a sexual assault of a minor by someone she met on MySpace, citing section 230 of the Communications Decency Act. The Act, which immunizes online service providers from state tort claims arising from information or content posted on a service provider's website by third parties. The

Peter C. Lemire, Esq.tag:blogger.com,1999:blog-12154284.post-42771953141410104092007-02-24T08:01:00.000-07:002007-04-23T22:21:53.817-06:00

The Patent and Trademark Insitute of America, the company behind InventorsHelpline.com, is in Temproary Receivership as reported at the top of their website and ordered by the Honorable Gerald Bruce Lee in the matter of FTC v. International Product Design, Inc., et al., Case No. 1:97-cv-01114-AVB . It appears the FTC is attempting to bring the long arm of the law down on another Invention

Kurt Leyendecker, Esq.