Steven M Greenberg’s Answers

Steven M Greenberg

Boca Raton Intellectual Property Law Attorney.

Contributor Level 7
  1. I have an idea for a device that combines two readily available technologies. Is such a thing patentable?

    Answered almost 5 years ago.

    1. Steven M Greenberg
    2. Kaiser Wahab
    3. Lee Kim
    3 lawyer answers

    Patent protection under US law requires that a *claimed* invention is both new and not merely an obvious variation over the state of the art. If you cannot find a single patent or publication that teaches the combination of your technologies into a single entity, then you may be viewed as having invented something "new". Whether or not your combination of known technologies would have been obvious to the skilled artisan at the time of your invention is both fact driven and can be subjective...

    1 person marked this answer as helpful

  2. Competitor in another state changed their website name to exactly the same business name as mine. Can they do that?

    Answered almost 5 years ago.

    1. Steven M Greenberg
    2. Steven L. O'Donnell
    3. Pamela Koslyn
    3 lawyer answers

    The remedies available for a domain name dispute vary dramatically and provide litigants with substantial flexibility in resolving the dispute ranging from the cost effective UDRP proceedings to domestic litigation in Federal Court under the Lanham Act or the ACPA. However, the use of a mark in a Web site irrespective of the underlying domain name at which the Web site can be viewed provides far less opportunity for a cost effective remedy. There is no domain name dispute in this latter...

  3. Is it an infringement of intellectual property if one sews others' designs?

    Answered almost 5 years ago.

    1. Steven M Greenberg
    2. Lee Kim
    3. Pamela Koslyn
    3 lawyer answers

    The use of the trademark or trade dress of another can result in a conclusion of trademark infringement where the use is "in commerce" and creates a "likelihood of confusion" in the consuming marketplace. If your use is personal and not commercial (e.g. you are just sewing logos on your clothing for your own personal use), it may be difficult for the brand owner to succeed in an allegation of trademark infringement. Further, proving substantial "damages" would be complicated since you are not...

    1 lawyer agreed with this answer

  4. Do intellectual property rights extend to physical aspects of a product?

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Antone F. Johnson
    3. Theodore W. Robinson
    4. Steven M Greenberg
    4 lawyer answers

    Your exposure to the tradedress and copyright in the candy will depend on the extent to which your "work of authorship" in the t-shirt is considered a derivative work of your "work of authorship" in the photograph, and to the extent that the work of authorship in the photograph of the candy is considered a "derivative work" of the candy. The courts have recently found that a photograph of a work of authorship like a 3D sculpture (the candy) is a separate work of authorship and is not...

    1 lawyer agreed with this answer

  5. In USA, intellectual property created by students belongs to the university. Is this also true for a masters thesis in Finland?

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Daniel Nathan Ballard
    3. Kaiser Wahab
    4. Steven M Greenberg
    4 lawyer answers

    Your question raises a few issues and the answers to those issues depends upon facts unknown. 1. Worldwide, most academic institutions govern ownership of IP rights in "inventions" according to contract--usually a "tech transfer" or "IP rights" manual for its employees (faculty members). A master's thesis written by a student may not fall within the purview of a university IP policy simply because the author may be a student and not an employee of the university. In that case, the student...

    1 lawyer agreed with this answer

  6. I am working on an improvement to an existing board game. I would like to market-test the product without getting sued. Advice?

    Answered almost 5 years ago.

    1. Steven M Greenberg
    2. David Hamlin Madden
    2 lawyer answers

    First, the act of trademark infringement occurs when an unauthorized party uses the mark of another in a manner causing a likelihood of confusion in the eyes of the consuming public as to the source of product or service to which the mark has been affixed. Thus, unless you have permission from Hasbro (which you do not), you cannot use the Hasbro mark on your product during test marketing. You can, however, use the mark HASBRO in a non-trademark sense such as referring to the company by name...

    1 person marked this answer as helpful

  7. Is a paton necessary when you add a feature to an existing product already designed on the market?

    Answered almost 5 years ago.

    1. Steven M Greenberg
    1 lawyer answer

    As a threshold matter, a patent right is a "negative right". That means, the owner of a patent in the U.S. can EXCLUDE others from making, using or selling an infringing device or process; but the owner of the patent needs no patent to make, use or sell a device claimed by a patent. Thus, one seeks patent protection in order to gain a "barrier to entry" to bar others from producing a copy-cat product or service. A more pressing matter would be whether or not your proposed design change on...

  8. How can I protect a business idea while in the process of developing it and not have somone steal my idea?

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Ronald K. Phillips
    3. Mason Boswell
    4. Steven M Greenberg
    4 lawyer answers

    The extent of what types of "ideas" are considered "patentable subject matter" changes often. Business methods in particular have been treated by some in the US Patent & Trademark Office (USPTO) as de facto patentable, while others also at the USPTO have viewed pure business methods as inherently not patentable. Indeed, as recently as earlier this week, the US Supreme Court heard oral arguments on this very topic. By comparison, the copyright protects only the *expression* of an idea (such...

  9. I have a provisional patent. What if I am talking to a company and they need to change the design for manufacturing purposes? I

    Answered almost 5 years ago.

    1. Jeffrey Thekdi Gedeon
    2. Steven M Greenberg
    2 lawyer answers

    As an inventor, when you contract with an engineering firm to implement an embodiment of your invention, you should always incorporate an "invention rights" clause in your contract that provides for the assignment of any improvements to your invention to you are your company--particularly where those improvements are those of the engineering firm. That is the "price" the engineering firm "pays" for your business. In this way, you will be able to interact freely with your engineering firm...

  10. Is the law firm working on my patent (contingency based) taking to long or being ineffectual?

    Answered almost 5 years ago.

    1. Steven M Greenberg
    2. Nancy Baum Delain
    3. Adam L.K. Philipp
    4. Sanjin Mutic
    4 lawyer answers

    Irrespective of the nature of your business relationship with your attorney, your attorney still is required to represent your interests in a professional and timely manner. Oftentimes, clients in an attorney-client relationship forget that the attorney-client relationship is a vendor-customer relationship. As a customer, you should speak with your attorney and bluntly ask not only whether or not the attorney will bring suit in a timely manner, but also whether or not the attorney you have...