From time to time, we receive inquiries from authors about registering book titles as trademarks. Sounds like a good idea but can it be done? The short answer is “no,” trademark law does not permit registration of a work’s title. But, as with many legal rules, there are exceptions. The complete title of a work […]
All posts by: Adam Garson
In April 2012, the The Office of the United States Trade Representative (USTR) issued its “2012 Special 301 Report” (Report) in which it reviews the state of intellectual property rights protection and enforcement in trading partners around the world. It’s an interesting document, which underscores the importance of intellectual property rights (IPR) to world economy, […]
An Obvious Solution to a Non-Obvious Problem
June 29, 2012
Patent
Inventors and patent attorneys know that creating any invention has two parts: (a) identifying a problem; and (b), solving that problem. To protect the invention by patent, the invention must be ‘non-obvious.’ That is, if two or more prior art patents or other references when taken together teach all of the elements of a patent […]
The 1966 landmark Supreme Court case of Miranda v. Arizona gave us that famous TV cop phrase, “You have the right to remain silent…” This warning, called the Miranda Warning after the name of the criminal defendant in the case, is so common that many citizens can almost repeat it by heart. The holding of […]
On May 28th, Phillies versus the Mets, ace-pitcher Cole Hamels, allowed four runs in eight innings but got out of an eighth-inning jam by making the right pitches at the right time. But it was first baseman Ty Wigginton’s game. He saved the day by going 3-for-3 with a double, home run, two walks, and […]
Copyright Still Isn’t Fashionable!
April 30, 2012
Copyright
A recent question posed to us by a law student in Rotterdam, Netherlands (yes, you read correctly) about the status of copyright protection for fashion designs in the United States motivated us to revisit a previous article we wrote in 2009 about proposed copyright legislation referred to then as the Design Piracy Prohibition Act (H.R. […]
…But We’re Important!
April 30, 2012
Intellectual Property
The Economics and Statistics Administration, an arm of the U.S. government, and the U.S. Patent and Trademark Office have issued a report on the importance of intellectual property (patents, trademarks and copyrights) to the U.S. economy. According to the report, as of 2010 over 27 million people are employed directly in industries identified by the […]
A Book By Any Other Name
March 29, 2012
Internet Law
Readers of this newsletter will recall that trademark rights in the United States are established by use, not by registration. There are benefits to registration, of course, but rights arise by the actual use of a mark in commerce in conjunction with a product or service. Often, the assertion of a trademark use is indicated […]
This week the United States Supreme Court heard arguments over the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The ten titles of PPACA, along with amendments to the “Health Care and Education Reconciliation Act of 2010” regulate multiple industries making up approximately one-sixth of the national economy, all of which affect science, […]
‘Justice Delayed is Justice Denied’*
February 29, 2012
Patent
Unless the courts quickly resolve disputes, there is no justice. As former Chief Justice Warren E. Burger said: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to […]