In California for our law firm includes a two-year ongoing lawsuit between the inventor of “fire glass” for a fireplace and a distributor of these products. See AMERICAN FIREGLASS v. MODERUSTIC case no. 3:15-cv-02866-JLS-BGS and U.S. Pat. No. 8,419,505. Several cross motions for summary judgment are pending including infringement, validity and other motions regarding causes of action and discovery.
We are defending a photograph copyright case. See MICHAEL GRECCO PRODUCTIONS, INC. d/b/a
MICHAEL GRECCO PHOTOGRAPHY, INC., v. ROBERT ARTHUR CROSS d/b/a RARE REALTY; CAR PROPERTY GROUP,INC., case no. 2:18-cv-06855. Issues include DMCA, statute of limitations and website identifies.
Lewis Brande, Esq. is based east of Los Angeles. See his resume at patentcalifornia.com. Lewis is an Aerospace engineer and patent lawyer.
DOMAIN NAME: Several tips for new start-ups include two trademark issues. First when you register a new federal trademark such as “Jaws Twist Ties” you better register the matching domain name at the same time! Our client went to register “jawstwistties.com” four days after filing a federal trademark, and it was taken! Now the client must either buy back that domain or wait months for legal processing to get his domain back. The best answer is to file your trademark and domain at the same time!
AVOID ITP SERVCE SCAMS: Let’s say that after you file “Jaws Twist Ties” you then get a sophisticated offer from “ITP Service” stating that for $1340 you can register your new brand on a private database! Why? Some number of start-ups must fall for this useless service, or “ITP” would not exist! So beware. Every public patent, trademark and copyright application you file is public! So you will be targeted with countless solicitations to take your money based on your ignorance of the entire legal procedures.
BIG FIRMS and SMALL CLIENTS: California has many garment copyright cases. Rick has issued several expert reports on infringement of fabric designs for insurance coverage of a defendant by Intellectual Property Insurance. Find a trustworthy start-up intellectual property law firm and; make sure they always answer your calls quickly; make sure you don’t get bounced from one lawyer to another; and make sure you check several real live client references before you hire your law firm. Make sure you pay under $300 hourly or get reasonable fixed price written quotes for most work.
Beware of large law firms pretending to service small firms. Often they use small firms as raw-meat training exercises for their new hires. Getting a 20-year pro at a large firm to work on a small firm does not make economic sense. If IBM is willing to pay $50,000 for a patent with the patent lawyer on a $500,000 salary, it does not make sense to divert that patent lawyer to a small firm (or solo inventor). It is best to find a small law firm with at least 10 years of experience to service a small firm.
We offer a free introductory patent and trademark search on the phone. We wish you a Happy Launch for your new idea!