Blog – Adam Garson Law

04Mar 2021

U.S. v. Arthrex: A Battle for Power over Patent Judges

March 4, 2021 Patent
Seal of the SCOTUS

A fascinating aspect of the law is that something can be standard practice, or settled law, until a creative lawyer or court pulls it apart, turns it on its head, and a new paradigm is born. Think of Brown vs. the Board of Education, Miranda v. Arizona, or Citizens United v. Federal Election Commission. Each of these decisions […]

25Feb 2021

Ask Dr. Copyright © About You’ll Boldly Go

February 25, 2021 Ask Dr. Copyright
Question on a Keyboard

Dear Doc (hope you’re well and alive): I heard of a case that’s just jive.You can go, but not boldlySaid the judge, rather coldlyFar too Seuss, your project, contrived.  Signed,ComicMix Dear CM: I suppose that you are asking about a recent court decision in a dispute about the book “Oh, the Places You’ll Boldly Go!”, a mashup […]

18Feb 2021

It’s Official – Patent Examiner Interviews are Effective

February 18, 2021 Patent
Designs for patents

After the patent examiner issues a decision (an ‘office action’) on a patent application, the applicant has the right to an ‘interview’ with the examiner.  The interview can be in person, by video or by telephone.  During Covid-19, in-person interviews are out, but video and telephone interviews are available.  In the interview, the applicant can […]

11Feb 2021

You May Register Multiple Copyrights in a Single Application But Beware

February 11, 2021 Copyright
Unicolors vs. H&M

In 2011, H. R. 2511, “Innovative Design Protection and Piracy Prevention Act” was an attempt by Congress to extend copyright protection to fashion design. The bill died in Congress and never received a vote. To this day, fashion designs remain unprotected under U.S. copyright law. One fashion-related area that has received considerable attention, however, is in the […]

28Jan 2021

Ask Dr. Copyright About Bringing Lawsuits

January 28, 2021 Ask Dr. Copyright
Copyright Attorney

Dear Doc: I’ve heard you say many times that Americans have a right to sue each other for any reason, so lawyers can’t tell their clients that they won’t get sued, only that in a properly adjudicated case, they have a high probability of prevailing. Aren’t there ANY limits on lawsuits? Signed,Fed Up Dear FU: […]

21Jan 2021

Bling and the Ordinary Observer Test

January 21, 2021 Patent
patentable-invention

Utility patents protect what things are, how they work, or ways of doing things.  An example is the guillotine mousetrap that works by, well, the name says it all.  Design patents protect the ornamental design of a product, for example this mousetrap that looks like a demented cat.  The topic this month is design patents. Let’s say that […]

14Jan 2021

2021 Brings New Trademark Fees

January 14, 2021 Trademark

2021 brings new trademark fees. The PTO states: “The overall strategy of the Final Rule is to balance a reasonable and affordable fee schedule with sufficient multi-year revenue to recover the aggregate costs of maintaining the USPTO’s trademark-related operations and accomplishing the USPTO’s trademark-related strategic goals. The Final Rule enables the USPTO to continue to enhance […]

07Jan 2021

New Copyright Laws – Tougher Enforcement and New “Small Claims Court”

January 7, 2021 Copyright
New Copyright Laws

At the end of December 2020, Congress passed an “omnibus” bill which justifiably received significant attention for providing financial relief during the coronavirus pandemic. Included in the legislation, in addition to the changes to trademark law discussed above, were also new laws related to copyright: the CASE Act and the Protecting Lawful Streaming Act. The CASE Act […]

31Dec 2020

New Trademark Rules: Legislators Seek to Streamline the PTO

December 31, 2020 Trademark
Congress

On Sunday, December 27, 2020, President Trump signed into law the $2.3 trillion coronavirus relief and government funding bill. Included within the massive piece of legislation are a number of new laws specifically addressing intellectual property issues, including the 2020 Trademark Modernization Act (TMA), the Case Act and other copyright related legislation discussed in another article […]

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