Blog – Adam Garson Law

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” […]

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 […]

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