All posts by: Adam Garson

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Copyright Protection for Fashion Designs Revisited (Again)

September 28, 2012 Copyright

We’ve been following developments in copyright law related to the fashion industry for quite some time.  You may recall that clothing falls into the category of a functional item, which is not protectable under United States copyright law.  Yet, because fashion designs are frequently “knocked-off,” the fashion industry has long sought copyright protection for designs. […]

Google Patent Search has New Features and New Powers

August 30, 2012 Patent

Do you want to find out whether your better mousetrap is patentable?  For inventors and patent attorneys, Google Patent Search is a cheap (as in free) and easy way to perform a light-weight screening search.  Since 2006, Google Patent Search has allowed use of familiar word searching skills to search a database of U.S. patents […]

Patentable Subject Matter – The Issue That Will Not Die

July 31, 2012 Litigation, Patent

Whether an invention is the sort that can be patented is determined by §101 of the patent statute. That section 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 therefor, subject to the conditions and requirements of […]

2012 Special 301 Report Outlines Intellectual Property Rights — Gains and Losses

June 29, 2012 Intellectual Property

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 […]

You Have the Right to Remain Silent…

June 29, 2012 Lipton Weinberger & Husick Blog

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 […]

Major League Baseball Should Play Fair with Fair Use

May 31, 2012 Copyright

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 […]

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