Tuesday, June 30, 2009

Michael Jackson the Inventor had a Patent.

Who knew? Michael Jackson held a registered patent for anti-gravity footwear. Do you remember his incredible dance moves from the “Smooth Criminal” video when he would lean forward at extreme angles without falling? Turns out his magic moves were assisted by his anti-gravity shoes as patented in United States Patent Reg. No. 5,255,452 for a “Method and Means for Creating Anti-Gravity Illusion.”

Method and means for creating anti-gravity illusion Michael J. Jackson et al: "United States Patent 19 Jackson et al ii 45 "
In the actual video of Smooth Criminal, his dancers had to be restrained with harnesses in order to achieve the nearly 45-degree angle lean. But for live performances, Michael didn’t want the visibility of harness. So presto, his inventive mind along with co-inventors Michael Bush and Dennis Tompkins came up with the patent which would allow the shoe to lock and release into a hook on the stage to create the great effect.

Tuesday, June 16, 2009

Domain Name Escrow Service

The Law Office of Michael N. Cohen, PC offers domain name escrow services. Most parties prefer the use of an experienced domain name attorney for the transfer of an important domain name to reduce the likelihood of fraud. Please visit our website for more information regarding our domain name escrow service.

Monday, June 8, 2009

Top Trademark Attorneys US 2008

The Law Office of Michael N. Cohen, P.C. is proud to annouce that it was ranked amoung the top trademark firms in the United States in the April 2009 edition of Intellectual Property Today Magazine.

Intellectual Property Today Magazine is a promenient monthly publication focused on legal issues in patent, trademark and copyright law.

Saturday, June 6, 2009

Candy.com Domain Name Sells for $3,000,000!

Is this about the power of candy or the power of domain name real estate? It was reported that Candy.com was sold by the Florida based G&J Holdings for $3,000,000 to Melville Candy Company of Massachusetts. This is the same company runned by Rick Schwartz who sold iReport.com to CNN for $750,000. After the sale of toys.com sold earlier this year for $5,100,000, the candy.com sale is the second largest domain name purchase for 2009.

Hopefully Schwartz had his domain name attorney draft a solid domain name sale agreement so that there are no disputes regarding the transaction.

Tuesday, June 2, 2009

Supreme Court to Review Patent Case Regarding Business Method and Software Patents

The fate of business method patents may be decided very soon since the US Supreme Court has decided to take on Bilski v. Doll. The case will set a significant precedent that will impact the validity of business method and even software patents. The Supreme Court will review the US Court of Appeals for the Federal Circuit’s decision of Bilski which upheld a rejection of a patent application of a method for managing risk in commodities trading.

As of now, there is much debate as to the patentability of business methods and software, like in the Bilski case. Typically the issue is whether these types of patents are just too broad and/or abstract. The Federal Circuit narrowed the standard by stating patent law only protects inventive processes that involve a “particular machine” or “transform an article from one state to another.” The result of this decision would lead to greater scrutiny of business method and software patents. This is a departure from the prior standard of Section 101 which states “whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent…”

So what’s at stake? Typically the software, finance, and pharmaceutical industries want less scrutiny and broader patent eligibility because they rely heavily on these types of patents. Many companies in these industries could lose existing and future patents rights if the stricter machine/transformation test above stands. Will this lead to an increase of Section 101 challenges to a patent’s validity in patent litigation? Probably if the Supreme Court allows Bilski to stand.

Interestingly, remember my prior blog about Sonia Sotomayor and her background in IP law? If the timing is right, she may be involved in reviewing Bilski. Hopefully, the decision will be a thoughtful one given her expertise in IP litigation.