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 […]
Blog – Adam Garson Law
Swimwear Technology
August 4, 2022
Patent
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 […]
Ask Dr. Copyright © About Floor Plans
July 21, 2022
Ask Dr. Copyright
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? […]
Breaking News: Trademark Issued for the Word “THE”
July 14, 2022
Trademark
Copyright consists of a bundle of rights, and the Copyright Act itself defines a “Copyright Owner” as the owner of “particular right.” (§ 101). In this sense, “copyright” is a noun, used to identify a right of ownership; it is not a verb. A trademark, on the other hand, is not a noun, nor a […]
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 […]
You’ve developed a wonderful new product. The world will soon be your oyster. But when can you start selling your product? Can you sell your new product before you file a patent application? Before the Leahy-Smith America Invents Act (‘AIA’) became law in 2011, the answer was clear. OLD LAW: A person shall be […]
Dear Doc: I’ve heard the expression, “Fools rush in where Angels fear to tread.” Attributed to Alexander Pope, in An Essay on Criticism, dated 1709. What does this have to do with copyright law? Signed,All’s Fair Dear AF: In the coming Supreme Court term, the Court has agreed to hear a case which may, at […]
Patent ‘claims’ appear at the end of a patent and determine what is protected by the patent. One purpose of the claims is to inform competitors of what they can do without infringing. Consider the following (entirely bogus) patent claim to an automobile: An automobile, the automobile having four attractive wheels supporting an optimized frame […]
New technologies give rise to new intellectual property headaches. Non-fungible tokens or NFT’s are no exception. What is an NFT? For the uninitiated (and hermits), an NFT is a unique digital token that one can own, sell, or redeem. Bitcoin and Ethereum are examples of digital tokens. Cryptocurrency, however, is fungible. The Bitcoin I own is not unique […]
Dear Doc: I have heard that in times of war, intellectual property may be seized to support the war effort. Is that going to happen to Russia? Signed,Vodka (and Ukraine) Lover Dear Lover: Yes, war can be a messy affair, and that extends all the way to intellectual property rights. During World War I (the […]