All posts by: Adam Garson

About Adam Garson

Last year our own Dr. Copyright wrote: “Today’s copyright system is broken in some important ways. Because it has poorly defined fair use standards and exclusive rights last so long (thanks to Sonny Bono and the Mickey Mouse Copyright Term Extension Act – 95+ years), a great deal of what we used to think of […]

Understandably, the solo inventor wants to focus on her invention.  Does it work as designed?  Who shall I hire to create a prototype? Where shall it be manufactured?  How and when shall it be protected by patent? Can I afford it? These are important concerns but they should not be the only ones. Assuming that […]

Marijuana has become big business. We never thought it would happen but now  29 U.S. states and the District of Columbia have legalized medical marijuana and eight states have legalized pot for recreational use. But alas, federal law, still classifies cannabis as a Schedule I controlled substance under the Controlled Substances Act meaning that cannabis […]

An Israeli landlord places an online ad for an apartment and obtains a response from an interested renter.  According to reports, the renter wrote (original in Hebrew): Based upon several follow-up communications, the landlord removes his online advertisement. A few days later, the would-be renters disappear. What’s a landlord to do? He’s a businessman so […]

Keeping in the holiday spirit, here’s an IP story that will sweeten your day. Protecting recipes with the traditional tools of intellectual property is difficult. Recipes are typically not copyrightable subject matter because, as merely a list of ingredients with directions on how to combine them, a recipe does not have the modicum of creativity […]

A few years ago, at the behest of some photographers, we wrote about whether uploading images to or Instagram was equivalent to “publication” under the Copyright Act.   We concluded that it is.  Another “photographic” issue has arisen in our practice, whether thumbnail images posted on a website or on an e-mail, could be construed as permissible “fair use” […]

  If you are a regular reader of our newsletter, you may recall that in 2014 we wrote about a copyright case involving Mike Tyson’s Maori-inspired facial tattoo. In that case, the tattoo artist, Victor Whitmill, sued Warner Brothers Entertainment in an attempt to stop the release of the movie, “Hangover Part II.” in which one […]

Many small to medium size businesses go to great pains to protect their intellectual property under United States law. It makes sense given that they, typically, do not sell their goods and services beyond our national frontier. So they register trademarks and patents with the United States Patent and Trademark Office (USPTO), register copyrights with […]

The Washington Redskins NFL team has been fighting for years to maintain its registered trademarks containing the term REDSKINS. Its on and off again fight has been hotly debated in public, press and the courts. Finally, the United States Supreme Court has weighed in.  Funny enough, the case before them was not that of the Redskins but […]