Intellectual Property Lawyer California
New York -- Major League Baseball Properties sued the Upper Deck Company for trademark infringement, trademark dilution, unfair competition, and breach of contract because Upper Deck continues to print baseball trading cards after its license was terminated. A copy of the complaint is available here. MLBP pulls no punches and extensively refers to the recent Court ruling that Upper Deck counterfeited hundreds of thousands of Yu-Gi-Oh! trading cards, its agreement to a multi-million dollar settlement and permanent injunction (details here).
MLBP ended its twenty-year relationship with Upper Deck and entered into an exclusive agreement with Topps "to use the MLB trademarks on trading cards for retail distribution beginning on January 1, 2010." MLBP also alleges that Upper Deck failed to pay in excess of $2 Million under its prior licensing agreement. "Notwithstanding the expiration of the Upper Deck License Agreements as of October 31, 2009, and the absence of any new license from MLBP authorizing the use of the MLB Marks, Upper Deck has begun manufacturing, distributing, offering for sale, and selling at least three trading card sets featuring cards using the MLB Marks, including, without limitation, the MLB Uniform Trade Dress and MLB Caps and Helmet Logos." In addition to monetary damages, MLBP seeks to enjoin Upper Deck's manufacture and sale of the 2009 Signature Stars Series, 2009 Ultimate Collection Series, and 2010 Unauthorized Series I trading cards.
All may not be lost for Upper Deck, however, because it could rely on the denial of preliminary injunction ruling in the similarly situated Pacific Trading Card case. The case is Major League Baseball Properties, Inc. v. The Upper Deck Company, LLC, 10-cv-732-RWS (SDNY 2010).
Whenever current affairs, such as the current economic crisis makes the news seem bleak, an inventor or scientist makes a startling new discovery or obtains a patent that could be of monumental help to mankind.
A recent report has come out that the Chinese are building what was thought to be an impossible space drive, one that might not only open up the possibilities of much more extensive space exploration but which could also transform any type of travel and if achieved. While other scientists are downplaying this announcement as unlikely, while possibly seeking to duplicate their efforts, if this discovery turns out to be accurate, it may provide the Chinese with advantages over other countries if their engine and this new space drive cannot be matched by the U.S.
This EMdrive or electromagnetic relativity drive is thought by other scientists to violate the law of conservation of momentum and has been branded as just another perpetual motion devices that have been disproved time and time again.
However, the researcher behind the Emdrive states that his engine is not a perpetual motion machine and that rather than being at odds with Einstein, relies upon Einstein’s theories being correct.
Another scientist working on the Chinese project has experience with microwave plasma thrusters and it is reported that the engineering principles of building the two engines are similar.
Whether or not this new technology will be proved feasible or not, eventually technologies will be developed that either achieve extended travel with little or no energy usage. While one can certainly see the possibilities for long-range space travel and use of such technology by satellites, they also present hope for the future in daily travel on freeways with a reduction in pollution.
While it is unlikely that we will soon see this technology available at Wal-mart, one can imagine how such technology or extensions of it could make many kinds of travel less expensive and less energy wasteful in the future.
As a patent attorney, one can only hope that other U.S. scientists will study the possibility of this discovery and improve upon it so it can be patented by U.S. interests.
Other researchers today are constantly looking to develop materials that can absorb the energy of an impact without injury to the occupants. If vehicles could someday have impacts and not only absorb the energy but utilize it, the future looks much safer and less expensive for travel.
Combined, travel on roads and freeways would be safer, quieter, more energy efficient and better for the environment so long as such engines and materials could be built cheaply and without using the same level of energy saved by such vehicles.
There’s always a downside though. Imagine if you will, the ability to drive at little or no cost across the state or across the country safely and without pollution in your technologically advanced vehicle. Now imagine if you will, how many other vehicles will be on the same freeways as you.
If you have a technology legal issue in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Technology Lawyer and your La Jolla and Irvine Technology Attorney on your case. Be sure to hire a California law firm with patent and licensing lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fontana, Del Mar, San Diego and Indio so you are properly represented and get the compensation you deserve.
If you have a technology, patent, trademark or licensing matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
By: R. Sebastian Gibson
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