Blog – Adam Garson Law

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 […]

04Aug 2022

Swimwear Technology

August 4, 2022 Patent
Swimwear Technology

As we sit on the beach, trying to avoid the sun, what better time to contemplate  swimwear inventions?  Consider the ‘Two Piece Full Body Weighted Swimsuit’ of U.S. Pat. Pub. 2004/0221,355 by Garcia, published November 11, 2004 and shown as fig. 1.  It’s a training aid for competitive swimmers.  The dark patches are weights, up […]

21Jul 2022

Ask Dr. Copyright © About Floor Plans

July 21, 2022 Ask Dr. Copyright
Question on a Keyboard

Dear Doc: My wife and I are two of the millions of Internet users who browse real estate websites like Zillow.com, Redfin.com, and Trulia.com. We see a lot of pretty pictures and virtual video tours, but not floor plans, which makes our search for our dream home very frustrating. Why aren’t there any floor plans on these websites? […]

07Jul 2022

Design Patents – When is an Ornamental Design not Ornamental Enough?

July 7, 2022 Patent
Benjamin Franklin

Utility patents protect what things do.  Design patents protect how things look.  Design patents have existed for well over 100 years:  “[w]homever invents any new, original, and ornamental design for an article of manufacture may obtain a patent therefor … .”  So the design patent only applies to an ‘article of manufacture;’ that is, a physical product, and only […]

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