Blog – Adam Garson Law

10Oct 2022

Don’t be Caught “Void Ab Initio” (It’s Unbecoming)!  

October 10, 2022 Trademark
TM is for Trademarks

*Originally posted on March 30, 2015 Trademark law in the United States is all about “use.”  When you’re using your trademark it is accumulating goodwill and you are exercising your trademark rights.  Absent “use,” your trademark rights dwindle and the trademark itself is subject to abandonment. This is an important principle, particularly, when you are […]

06Oct 2022

The Largest Patent Infringement Judgement in U.S. Not a Judgement

October 6, 2022 Patent
Centripetal Networks

Question: When is the Largest Patent Infringement Judgement in U.S. History Not a Judgement? Answer:  When the judge’s wife owns $5,000 worth of stock in the infringer! The amount at stake was $2.75 Billion.  That’s Billion, with a ‘B,’ the largest patent infringement judgement in U.S. history.  The parties were Centripetal Networks, Inc., the patent owner, […]

03Oct 2022

Social Scientists Confirm What We Already Know — Branding May Be Superficial, but It Is Effective

October 3, 2022 Trademark
Designs for patents

*Originally posted on April 30, 2011 If you needed confirmation about the value and power of branding, here’s what the latest research into evolutionary biology has to say about it. The Economist recently reported that two researchers at Tilburg University — Rob Nelissen and Marijn Meijers — discovered that brand indicators may be more powerful […]

26Sep 2022

Two Trademark Registers: the Principal and Supplemental: Which one Is Right for You?

September 26, 2022 Trademark
Copyright concepts

*Originally posted on March 31, 2011 Did you know that there are two trademark registers maintained by the United States Patent and Trademark Office (PTO)? They are referred to as the “Principal” and the “Supplemental” Registers.  Typically, registration in the Principal Register is most desirable and is reserved for trademarks that the PTO determines are […]

15Sep 2022

Can a State Protect an Invention?

September 15, 2022 Patent
Origami Boat

We think of the protection of intellectual property (patents, trademarks, copyrights, trade secrets) as matters of Federal law.  What about the states?  Can, say, Pennsylvania protect an invention by state law independent of the Federal government? The principal impediment to state protection of intellectual property is the Supremacy Clause of the U.S. Constitution: “…This Constitution, and […]

12Sep 2022

What’s In a Name…?

September 12, 2022 Trademark
R Symbol

*Originally posted on February 28, 2011 By now you may have heard that Sarah Palin and Bristol Palin have each filed applications in the United States Patent and Trademark Office (“PTO”) to register their individual names as federal trademarks. Sarah identified her services as “information about political issues… Educational and entertainment services, namely providing motivational […]

06Sep 2022

Trade Secret Litigation Comes to Psychedelics

September 6, 2022 Trade Secrets
Psychedelic Mushrooms

In contrast to medical science’s aggressive pursuit of new therapeutics for cancers, cardiovascular disorders, or infectious disease, the discovery of new therapeutics for mental health has lagged. But, the past few years have witnessed renewed interest in the development of psychedelic therapeutics for treatment of unmet medical needs in mental health. The astonishing growth of a […]

11Aug 2022

Investment Banking and Whiskey: A Short Tale of Related Products

August 11, 2022 Trademark
Lehman Brothers Whiskey

Trademark law is deceptively simple, but there are traps for the unwary. One of those traps is the doctrine of “related products“. Here’s how this works. Let’s say you have chosen what you believe to be a distinctive trademark for fruit juice. Let’s call it AWESOME BEV. So, you properly performed a trademark clearance search. You find that no one […]

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