Blog – Adam Garson Law

04Jun 2020

Copyright Law Doesn’t “Heart” New York

June 4, 2020 Copyright
Heart New York

Why is the famous “I [heart] New York” logo protected by trademark and not copyright?  At first glance, you’d think that it’s artwork, and therefore can be protected by copyright.  However, the Copyright Act protects “original works of authorship.” The “I [heart] New York” logo is merely a phrase, with the word “love” replaced by […]

28May 2020

Ask Dr. Copyright About What’s New

May 28, 2020 Ask Dr. Copyright
Copyright Attorney

Dear Doc:I know that self-isolating and social distancing has changed what each of us does every day. What has the Doc been up to, and what’s new in intellectual property?Signed,Concerned Reader Dear CR: Don’t worry too much about the Doc. He’s been keeping busy in some interesting ways lately… First, a client of LW&H has […]

14May 2020

Government Edicts Redux – The Supreme Court Renders a Decision in the PRO Case

May 14, 2020 Copyright
PRO Case

Last January, readers may recall our article about Georgia v. Public Resource Org Inc. (“PRO”).  At the time, that case had been successfully appealed to the United States Supreme Court (SCOTUS). We now have a decision.  PRO involved the issue of whether the Official Code of Georgia Annotated [OCGA] was subject to copyright protection.  Here were the facts: Georgia publishes and sells the […]

09Apr 2020

Force Majeure Clauses and the Coronavirus Pandemic

April 9, 2020 contract law

A month ago, we were at work and school. Grocery stores were full of toilet paper, hand sanitizer, flour, and milk. “Flattening the curve” meant that I needed to lose a few pounds. The coronavirus (COVID-19) pandemic has now swept through the United States like a hurricane. Businesses have been shuttered, supply chains are stretched […]

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 […]

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