Blog – Adam Garson Law

09Jan 2020

The KosherSwitch Patent: Protecting Malfunction by Design

January 9, 2020 Patent
Designs for patents

Here’s a challenge for these modern times:  How do observant Jews follow the Biblical commandment to observe the Sabbath?  Rabbis generally agree that driving is prohibited, and that using electricity is not prohibited – but using switches to manually turn the flow of electricity on or off is prohibited.  This is why you may have […]

02Jan 2020

Mechanical Inventions and Patent-Ineligible Subject Matter

January 2, 2020 Patent
Designs for patents

Mechanical inventions have been free of the uncertainty and chaos created by the Supreme Court in results-driven decisions surrounding the patentability of business methods, medical diagnoses and discoveries, and computer software.  That is, until now. The recent American Axle v Neapco decision of a three-judge panel of the Federal Circuit Court addressed a patent to a method for tuning a drive shaft to […]

26Dec 2019

Ask Dr. Copyright – Reversionary Rights

December 26, 2019 Ask Dr. Copyright
Question on a Keyboard

Dear Doc: I have a question about reversionary rights in works made for hire under US copyright law. Blah, blah, blah, blah… Signed,Copyright Law Geek Dear CLG: Perhaps a recent announcement will clarify your understanding of this complicated and arcane area of the law… According to recent press reports, Harry Shearer, Christopher Guest, Michael McKean […]

19Dec 2019

New Life for an Old Doctrine

December 19, 2019 Patent
Designs for patents

Some patents are valuable and some are not. The claims of a patent determine whether the patent is valuable or not valuable.  If the claims are too ‘narrow;’ that is, if the claims protect too little, then the patent is not very valuable and your competitor can make minor changes to a copy of your product […]

12Dec 2019

Dim Sum Wars – Trademarks at Loggerheads

December 12, 2019 Trademark
TM is for Trademarks

It’s not uncommon for our office to receive calls from restaurant owners, complaining that another restaurant in town is infringing its trademark. Frankly, pizza and cheesesteak establishments are just not that creative when it comes to choosing distinctive names.     One well-known dispute you may know about involved the Olivieri family members who sued each […]

05Dec 2019

No, You Can’t Trademark “OK Boomer”

December 5, 2019 Trademark
TM is for Trademarks

Trademarking “OK Boomer” You may have heard that the generational battle between “millennials” and “baby boomers” now has a catch phrase: “OK Boomer”. It’s a dismissive phrase by those darn youngsters who are loitering on your lawn and forgetting to pull up their pants. I’m kidding about the loitering and the pants, but the catchphrase […]

21Nov 2019

Fake News: The Trademark

November 21, 2019 Trademark
TM is for Trademarks

The term “fake news” has entered our political lexicon as an epithet directed at journalists and news organizations. Professional journalists, who take great pride in their profession and the role they have historically played in our democracy, are offended by the tone of civil discourse on this issue. Now, one group of journalists, The Florida […]

14Nov 2019

Tales of Unclean Hands and Stolen Trade Secrets

November 14, 2019 Trade Secrets

How far can businesses go to protect their intellectual property, and what is the minimum that they need to do to protect it? Two cases highlight the boundaries of trade secret law. This past February, the Third Circuit Court of Appeals held that the trade secret owner’s own lack of trade secret policies did not […]

07Nov 2019

Vivisepulture*

November 7, 2019 Patent
Designs for patents

Imagine the following: You were very sick.  It was touch and go for a while, but you’ve just awakened and feel much better.  You open your eyes and see… nothing. It’s absolutely, completely black, like the deepest cave.  ‘Am I blind?’ you ask yourself out loud, but the sounds of your own voice are all wrong. […]

17Oct 2019

Ask Dr. Copyright about the CASE Act

October 17, 2019 Copyright
Question on a Keyboard

Dear Doc: I have heard that Congress is considering a new law that would create a small claims court for copyright infringement cases, particularly those that stem from infringement on the Internet. That sure sounds like it would help to stop unauthorized copying! Whaddya think? Signed,Well-intentioned.   Dear Well:   Have you ever shared a […]

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