At the end of December 2020, Congress passed an “omnibus” bill which justifiably received significant attention for providing financial relief during the coronavirus pandemic. Included in the legislation, in addition to the changes to trademark law discussed above, were also new laws related to copyright: the CASE Act and the Protecting Lawful Streaming Act. The CASE Act […]
Blog – Adam Garson Law
New Trademark Rules: Legislators Seek to Streamline the PTO
December 31, 2020
Trademark
On Sunday, December 27, 2020, President Trump signed into law the $2.3 trillion coronavirus relief and government funding bill. Included within the massive piece of legislation are a number of new laws specifically addressing intellectual property issues, including the 2020 Trademark Modernization Act (TMA), the Case Act and other copyright related legislation discussed in another article […]
Dear Doc: I have always heard the maxim that the pen is mightier than the sword. But is it mightier than a loaded AR15? Signed,Just Asking For A Friend in St. Louis Dear “Friend”: The maxim that you cite is hoary, indeed, dating in English from Edward Bulwer-Lytton’s 1839 play, “Cardinal Richelieu”. The thought, however, […]
It’s Official: Patent Examiner Interviews are da Bomb
December 10, 2020
Patent
The patent application process is essentially a negotiation between the patent applicant, represented by his or her patent attorney or patent agent, and the Federal government, represented by the patent examiner. Most communications between the applicant and the examiner are written, in the form of the application itself, office actions by the examiner, and responses and […]
Keeping Up with Fast-Changing Privacy Laws
December 3, 2020
Internet Law, Privacy
How much personal data do you collect from customers, and what privacy laws apply to your business? Recent privacy violations have resulted in penalties of thousands or millions of dollars, with Facebook paying a record FTC fine of $5 billion. Every business needs to know its compliance requirements and potential exposure. Yet the current proliferation […]
Ask Dr. Copyright © About Fair Use and Fame
November 26, 2020
Ask Dr. Copyright
Dear Doc: A few years ago, you wrote about a copyright law suit where the judges’ opinion in the case took care to point out that among the purchasers of the art work accused of infringement were some famous people. Does that make a difference in how cases get decided? Signed,Instagram Follower Dear IF: The […]
Spirit v. Led Zeppelin Case Finally Ascends the Stairway to Heaven
November 19, 2020
Copyright
After six years of litigation, Led Zeppelin has finally won. Michael Skidmore, the trustee for the estate of Spirit’s guitarist Randy Wolfe, sued in 2014, claiming that Led Zeppelin’s “Stairway to Heaven” infringed Spirit’s copyright in its song, “Taurus.” On October 5, 2020, the Supreme Court denied Skidmore’s request for a writ of certiorari after the 9th Circuit Court […]
SCOTUS To Consider Dog Poo?
November 12, 2020
Trademark
No joke, sometimes, we come across a trademark dispute that cries out for a mention. Here’s one. VIP Products (“VIP”) sells among other things a line of toys, which it calls “Silly Squeakers.” Dog lovers/readers may be familiar with them. The line of vinyl dog toys consists of vinyl replicas of liquor, beer, wine, and […]
Not Laughing
November 5, 2020
Patent
Walking fast, you round the corner of an urban street and collide with — a clown — the greasepaint, the red, bulbous nose, oversized shoes, fright wig, exaggerated clothing, exaggerated smile, exaggerated eyes. Immediately you feel nausea, your hands sweat, you struggle to breathe, you feel panic, anxiety and dread. Your mouth goes dry and […]
Am I Entitled to Compensation if the USPTO Cancels My Patent?
October 8, 2020
Patent
The USPTO’s trial arm, the Patent Trial and Appeal Board (‘PTAB’), cancels patent claims so frequently that the PTAB is usually the copyist’s first stop in defending against patent infringement. Before the PTAB cancels the claims, the patent owner has a valuable (and expensive) asset, namely the patent. When the PTAB cancels the patent claims, […]