Blog – Adam Garson Law

gavel of justice

YouTube is no stranger to copyright infringement issues.  In 2008, Viacom filed a $1 billion copyright infringement suit against YouTube, claiming that the video site contributed to an explosion of copyright infringement by permitting users to post infringing videos.  The federal district court eventually dismissed Viacom’s action against YouTube on grounds that the Digital Millennium […]

non competition agreements

Dear Doc: I just heard that the Federal Trade Commission (FTC) has effectively outlawed all “non-compete” agreements. What will that mean for businesses that want to protect their competitive advantages? Signed,Every Fatcat, Ever Dear Mr. Large Feline: For many years, companies have forced their employees to sign agreements that restrict where and how they work […]

design patent

Last month, we discussed issues in obtaining a design patent. This month, we look at issues in enforcing the design patent. Remember that utility patents and design patents are separate and distinct and protect different things. A design patent addresses the appearance of something; for example, the appearance of a mousetrap that looks like a piece […]

copyright infringement

In 2014, we wrote about copyright litigation involving Mike Tyson’s Maori-inspired facial tattoo. The tattoo artist, Victor Whitmill, sued Warner Brothers Entertainment in an attempt to stop the release of the movie, “The Hangover Part II,” in which one of the characters was tattooed in an identical manner to Mike Tyson. Recall that the wearer of a […]

Apple Inc.

Dear Doc: For some time now, we have heard and read that Apple, Inc. has lost its famous ability to innovate. What does that mean, and do you agree? Signed, Your College Friend Who Refuses to Use Any Apple Products, Ever! Dear John: As you know, the Doc bought his first Apple computer in 1979 […]

halloween costumes

As the days grow shorter, it seems that the shorter people  (we call them “kids”) start to want costumes and large bags the size of small dump trucks into which kindly neighbors intent on supporting the local dental association will deposit “treats.”  You may have noticed that some costumes (for example, independent small-business marine entrepreneurs, […]

Harvey Ball

Designers Take Note – Designs can be too ‘Obvious’ for a Design Patent There are two types of patents* – utility patents and design patents. Utility patents address what something is and how it works.  Design patents address how something looks.  An example of a utility patent is a patent for a better mousetrap with a […]