Blog – Adam Garson Law

21Feb 2019

Can I Patent my Software or Internet Invention or Smartphone App?

February 21, 2019 Robert Yarbrough Patent

You can create a great software or Internet invention that is completely novel, unobvious and has utility, but you still may not qualify for a patent. Why not? Congress enacted 35 USC §101 to identify which inventions are the proper subject for patents. That section states: Whoever invents or discovers any new and useful process, […]

14Feb 2019

MacDonald’s Loses its Mojo in the EU

February 14, 2019 Adam Garson Trademark

McDonald’s Trademark BIG MAC Trademarks may reside in families. A family of marks is a group of trademarks that have a recognizable common characteristic. For example, you may recall that Eastman Kodak owned trademarks for KODACOLOR, KODAMATIC, and KODACHROME, the term “Koda” being the common element of all three trademarks. A family of marks is […]

07Feb 2019

Anish Kapoor Declares Victory!

February 7, 2019 Adam Garson Copyright

In October 2018 we wrote about Anish Kapoor’s lawsuit against the National Rifle Association (“NRA”) for copyright infringement. You may recall that the NRA published a video called the “Clenched Fist of Truth,” a controversial video about the “liberal insurgency… destroying American Society.” In the video, were fleeting images of various sculptural and architectural works, […]

17Jan 2019

Ask Dr. Copyright — The Public Domain Comes of Age

January 17, 2019 Lawrence Husick Ask Dr. Copyright, Internet Law

Dear Doc: What’s “the public domain”? Why should I care? And why is 1923 an important year? Signed, Nothing Better to do Today Than Worry About Obscure Copyright Law Issues Dear Nothing, &c.: When the drafters of the US Constitution peered into their famous crystal ball (you know, the one that let them […]

03Jan 2019

Treble Damages for Willful Patent Infringement

January 3, 2019 Robert Yarbrough Patent

Stryker Corporation sued Zimmer, Inc. for patent infringement. There was no question whether Zimmer infringed Stryker’s patent – it did. Zimmer believed Stryker’s patent was invalid and believed that it would prevail in the infringement lawsuit. Zimmer had good reason to believe that the Stryker patent was invalid. As a result, Zimmer continued to infringe […]

20Dec 2018

Ask Dr. Copyright — Can you copyright a flavor?

December 20, 2018 Lawrence Husick Ask Dr. Copyright, Intellectual Property

I’ve read that you can’t copyright a recipe. The US Copyright Office says, “Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions.” On the other hand, I’ve read that some things like colors (pink […]

13Dec 2018

Is a Trademark Tangible or Intangible Property? And What does this have to do with the Mongols?

December 13, 2018 Adam Garson Intellectual Property, Trademark

Tangible or Intangible? This is actually an interesting question. If you erect a sign displaying a trademark over a store, isn’t that a tangible representation of a trademark? Of course it is. On the other hand, if you were to license your trademark for use by another company, you don’t transfer a physical representation of […]

06Dec 2018

When is a Written Document ‘Prior Art’ for an Invention?

December 6, 2018 Robert Yarbrough Intellectual Property

Anyone who deals with patents should be familiar with the concept of prior art. ‘Prior art’ is critical to patenting and can prevent your invention from qualifying for a patent, even if it’s a great invention. Prior art generally is a prior publication such as a patent, patent publication, treatise, advertisement, article on the web, […]

22Nov 2018

USPTO Fixes Some of the Problems with the PTAB

November 22, 2018 Robert Yarbrough Intellectual Property, Patent

The ‘Patent Trial and Appeal Board’ (‘PTAB’) has 174 administrative judges, who hear appeals of actions by the USPTO, such as denials of patent applications. In the past, the USPTO has been accused of packing the PTAB panels with handpicked judges to reach a desired result in a particular case. Panels of the PTAB also […]

15Nov 2018

Nobody Repairs Stuff Anymore!

If one of your electronic car components fails or your cell phone dies, good luck getting it fixed or even diagnosed by a third party. Your auto mechanic may not have the tools to diagnose the problem (and can’t get them) and good luck finding a third party to repair your cell phone. Folks have […]

Blog – Adam Garson Law

Can I Patent my Software or Internet Invention or Smartphone App?

MacDonald’s Loses its Mojo in the EU

Ask Dr. Copyright — The Public Domain Comes of Age

Treble Damages for Willful Patent Infringement

Ask Dr. Copyright — Can you copyright a flavor?

Is a Trademark Tangible or Intangible Property? And What does this have to do with the Mongols?

When is a Written Document ‘Prior Art’ for an Invention?

USPTO Fixes Some of the Problems with the PTAB

Nobody Repairs Stuff Anymore!

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