Blog – Adam Garson Law

02Apr 2020

Forward to the Past

April 2, 2020 Patent
disease fighting inventions

Governments and scientists are scouring our vast pharmacopeia for something, anything, that may be effective against the current pandemic. While this particular infection may be new, inventors have been solving the problem of contagion since there have been inventors. This author believes that the scientists should investigate other disease-fighting inventions of the past.   In […]

26Mar 2020

Ask Dr. Copyright

March 26, 2020 Ask Dr. Copyright
Hyperlinking an Image Copyright infringement

Dear Doc: The most basic feature of the design of the World Wide Web is the hyperlink, which allows a browser to display elements of content stored on a web server. The great power of the Web is that the content need not be stored on the same server that hosts a page. Displaying content […]

19Mar 2020

Why put patent numbers on your patented invention?

March 19, 2020 Patent
Patent Markings

We’ve all seen patent markings on products.  Something like “pat. US 6,568,969” printed, stamped or molded into the product.  Where the product itself can’t be marked, the patent marking can be printed on packaging or a label.  Here’s what the statute says, at 35 USC §287(a): Patentees… may give notice to the public that the [product] is […]

12Mar 2020

Have DMCA Takedowns Gone Rogue?

March 12, 2020 Internet Law
Digital Millennium Copyright Act

 In 1998, the Digital Millennium Copyright Act (DMCA) became law. That year, Chumbawamba’s “Tubthumping” topped the charts, Mark McGwire broke the home run record, Google, Inc. was formed, and smartphones didn’t yet exist. The Web was in its infancy, but online service providers were concerned about their potential liability for hosting users’ content. The DMCA […]

05Mar 2020

Philly Phanatic Gets a Revamp! Why?

March 5, 2020 Copyright
Philly Phanatic Trademark Feud

The Philly Phanatic has been a mainstay of Philadelphia culture since he arrived on our shores in 1978.  But did you know that the Phanatic has been the subject of numerous lawsuits? He’s even been called “the most sued mascot in baseball.”  His most recent lawsuit involves the facts surrounding his birth. It’s a long, convoluted story so we’ll just briefly review the facts […]

13Feb 2020

The Abstract Design

February 13, 2020 Patent
Designs for patents

No, I’m not referring to a Cubist masterpiece. Consider the following:  After long, hard work, you’ve created a great design, say, the design above.  Eureka!  Your design would go great with anything.  You can see it on chairs, on baskets, on car seats, on bridges, on tattooed biceps everywhere.  Just think of the possibilities.    But everyone else will want to use […]

06Feb 2020

Google v. Oracle – the Supreme Court’s Copyright Case of the Decade?

February 6, 2020 Litigation, Patent
gavel of justice

Newsweek has called it the “copyright case of the decade” and it may be right.  Google and Oracle are software titans battling over whether the freely available connections between software platforms (Application Programming Interfaces, or “APIs”) can be protected by copyright law.  APIs are generally free to use, and they enable developers to build programs […]

23Jan 2020

Ask Dr. Copyright

January 23, 2020 Ask Dr. Copyright, Copyright
Question on a Keyboard

Dear Doc: I know that you sometimes answer intellectual property questions that are not strictly about copyright, so here’s one for you… I know that folks may register just about any available word as a domain name on the Internet, using one of the many Top Level Domains (TLDs) like .com, .org, or .biz. I also […]

16Jan 2020

Government Edicts 100+ Years Later

January 16, 2020 Copyright
Copyright

For the first time in over 100 years, on June 24, 2019, the U.S. Supreme Court agreed to hear a case, Georgia v. Public Resource Org Inc., to decide “whether the government edicts doctrine extends to works that lack the force of law, such as annotations in the Official Code of Georgia Annotated [OCGA].” What is the “government edicts” […]

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