Dear Doc: I hear that we are now short one Librarian of Congress and one Register of Copyrights. What gives? Signed,Alarmed Constitutional Scholar Dear ACS: On May 8, 2025, the President fired Carla Hayden, the Librarian of Congress. Ms. Hayden had been confirmed by the Senate in July 2016 in a bipartisan vote of 74-18. Under […]
Blog – Adam Garson Law
When you file your patent application with the U.S. Patent and Trademark Office, your application (eventually) is reviewed by a patent examiner. Among other things, the patent examiner will compare your invention to the ‘prior art’ to determine whether your invention is new and is different enough to qualify for patenting. But what is […]
Robin-egg blue boxes and shiny red soles—some colors do more than please the eye. They signal status, evoke emotion, and, increasingly, serve as trademarks. Think Tiffany & Co.’s signature blue packaging or the iconic red soles of Christian Louboutin shoes. But can a company really own a color? How Color Became Trademarkable in the Eyes of the […]
Dear Doc: What’s the latest scoop on lawyers using generative artificial intelligence in their work? Signed,ChatGPT Dear Chat: What Happened in the Kilmar Abrego Garcia Case? File this under “stupid lawyer tricks.” In the case of Kilmar Abrego Garcia, the man deported to a Salvadoran prison by (the U.S. Government’s own admission) a mistake, it […]
Are Phantom Trademarks Real?
May 8, 2025
Trademark
What in the world are “phantom” trademarks? This was a new topic for us, although we had written about so-called “submarine” trademarks several years ago. Phantom vs. Submarine Trademarks: What’s the Difference? Filing a submarine trademark is a strategy aimed at maintaining a veil of secrecy over a company’s marketing plans by filing in a […]
IP Retaliation for Tariffs
May 1, 2025
Intellectual Property
Here’s the situation: you’re the leader of a country that does business with the U.S. Do you have any trade war options other than retaliatory tariffs? You betcha. Consider the case of Russia. After Russia’s 2022 invasion of Ukraine, Western nations imposed multiple sanctions against Russia. Many Western businesses curtailed Russian operations or left the country entirely. […]
Ask Dr. Copyright© About Patent Trolls
April 17, 2025
Ask Dr. Copyright, Patent
Dear Doc: I hear that courts are once again trying to crack down on “patent trolls.” What is a patent troll, and why should courts try to squash them? Signed,Under a Bridge Dear UB: Patents are called “intellectual property” in much the same way as land is called “real property” and your car is “personal […]
Consumer Confusion and Trademark
April 10, 2025
Trademark
The Notorious Lizzie Borden Ax Murders Lizzie Borden took an axe and gave her mother forty whacks. When she saw what she had done, she gave her father forty-one. — Anonymous And so begins our trademark tale at the site of the 1892 notorious ax murders of Andrew and Abby Borden in Fall River, Massachusetts. Lizzie Borden, Andrew Borden’s daughter, […]
Experimental Use in Patent Law
April 3, 2025
Patent
Query: I saw a cool new patented invention, and I want to make a copy to conduct experiments and perform research. I won’t sell the copy. Will I be liable for patent infringement? Answer: Almost certainly, but maybe not. What is ‘Experimental Use’ in Patent Law? In certain limited circumstances, making and using a patented invention for […]
Ask Dr. Copyright® About Birkenstocks
March 20, 2025
Ask Dr. Copyright, Copyright
Dear Doc: Some things are protected by trademarks. Some by copyrights. Some by “trade dress”. Others by design patents. Some by utility patents. And others by trade secrets. How do you lawyers decide which is which, and can it be more than one? Signed, Confused Again Dear CA: Yes…this can be confusing, and often the stakes […]