As the days grow shorter, it seems that the shorter people (we call them “kids”) start to want costumes and large bags the size of small dump trucks into which kindly neighbors intent on supporting the local dental association will deposit “treats.” You may have noticed that some costumes (for example, independent small-business marine entrepreneurs, […]
Blog – Adam Garson Law
Too ‘Obvious’ for a Design Patents?
April 11, 2024
Patent
Designers Take Note – Designs can be too ‘Obvious’ for a Design Patent There are two types of patents* – utility patents and design patents. Utility patents address what something is and how it works. Design patents address how something looks. An example of a utility patent is a patent for a better mousetrap with a […]
Non-Fungible Tokens Revisited
April 4, 2024
Intellectual Property, Internet Law, Trademark
Remember NFTs (“Non-Fungible Tokens”)? As a reminder, an NFT is a type of digital asset that represents ownership or proof of authenticity of a unique item or piece of content, such as artwork, music, videos, or collectibles, using blockchain technology. Unlike cryptocurrencies like Bitcoin, which are fungible and can be exchanged on a one-to-one basis, NFTs […]
Ask Dr. Copyright © About Infringement
March 21, 2024
Ask Dr. Copyright
Dear Doc: How can a person tell if one stuffed toy infringes the intellectual property rights in another stuffed toy? Asking for a friend. Signed,J. Sinestvet Dear J: When the Doc was about to graduate from law school, he was interviewed for a job at a prominent Philadelphia patent law firm. The Doc has a […]
A ‘design patent’ is a monopoly granted by the government to make, use and sell a product having a particular appearance. Design patents protect how a product looks, not what it does. A person who copies a product protected by a patent, including a product protected by a design patent, will be ordered to stop […]
When and Why are Inventions ‘Obvious’
March 14, 2024
Patent
Maybe We’ll Actually Receive an Explanation from the USPTO The USPTO had a lot of patent examiners (8,568 to be exact) reviewing a lot of patent applications (462,000 new applications received last year). Those examiners make thousands of determinations every day as to whether inventions are patentable or not. Aside from forms, wording, fees, and whether […]
‘Trade Names’ or ‘Trademarks’?
March 7, 2024
Trademark, Uncategorized
Do you know what distinguishes a trade name from a trademark? Clients frequently ask us to file a trademark application for the name of their company without any understanding of whether the company name is being used as a trademark. So, what is the difference? To put it simply, a trade name under section 45 of the […]
Trader Joe’s and the Long-Arm Reach of the Lanham Act
February 26, 2024
Trademark
If you thought that you were immune from prosecution for infringing a U.S. registered trademark in a foreign country, be forewarned. In late 2011, Michael Norman Hallatt, a Canadian citizen and U.S. Lawful Permanent Resident, began visiting a Bellingham, Washington Trader Joe’s (“TJ’s”) store several times a week to buy large quantities of Trader Joe’s […]
Ask Dr. Copyright © About AI in Movies
February 22, 2024
Ask Dr. Copyright
Dear Doc: As I understand it, one of the disputes during the recent SAG-AFTRA actors’ strike was over the use of artificial intelligence-generated actors instead of actual humans in movies and other performances. I think that there ought to be a law against that kind of thing! Signed,George Karlin Dear George: You may just get your wish! […]
3 Things First Time Inventors Should Know
February 19, 2024
Trademark
Trademarks and First-Time Inventors 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 […]