Blog – Adam Garson Law

08Nov 2018

Ask Dr. Copyright – Protection of Characters

November 8, 2018 Ask Dr. Copyright
Question on a Keyboard

Dear Doc: I know that Mickey Mouse is still enjoying copyright protection because of the Sonny Bono Copyright Term Extension Act, and that once copyrights expire, characters become “public domain”. How can you explain some of the direct knockoffs I have seen at the Halloween stores, like “A-Lad-In A Costume?” Signed, Perplexed Papa Dear PP […]

01Nov 2018

Zombie Detector

November 1, 2018 Patent

Here’s a familiar situation: the shuffling figure, arms outstretched moving slowly toward you, emitting indecipherable moans, munching on what could be human brains…  And the universal question: Is that a zombie or is it your teenage offspring?  The answer will determine whether you dispatch it in the most grisly way imaginable or feed it mac-and-cheese. . […]

11Oct 2018

The NRA and the Bean

October 11, 2018 Copyright, Intellectual Property
Copyright

The National Rifle Association (“NRA”) conjures up many things for many people:  gun lobby, gun rights, 2nd Amendment, just to recite a few.  It’s name, however, has rarely arisen in the intellectual property context until recently.  Here is some background. One of Chicago’s famous public sculptures, “Cloud Gate”, affectionately known as the “Bean”, is an […]

04Oct 2018

Federal Government Will Step In to Stop California Privacy Law

October 4, 2018 Intellectual Property, Internet Law
Internet Domains

Recent massive data breaches and notorious instances of misuse of data lit fires under privacy advocates, particularly in Europe and California. In our April, 2018 newsletter, we told you about the European Union’s sweeping new privacy program known as the ‘General Data Protection Regulation’ (GDPR), effective May 25, 2018.  The GDPR changes the landscape for […]

13Sep 2018

Legal Notes on Cryptocurrency and Blockchains

September 13, 2018 Technology
gavel of justice

We recently received an inquiry about whether we had expertise in cryptocurrency law.  It was the first such inquiry we ever received.  We did some research and here are some notes on a subject untouched in our 10 years of writing this newsletter. We’ve all heard about cryptocurrencies such as bitcoin and others, but what […]

06Sep 2018

The Sound of a Ferrari

September 6, 2018 Patent
Designs for patents

Disappointed that your new Ferrari 488 Pista isn’t loud enough?  You’re not alone – we’ve all been there.  Fortunately, the boys and girls at Maranello have been busy and they’ve come up with new ways to make that great Ferrari sound. First, consider U.S. Patent Publication 2017/0350287  published December 7, 2017 and owned by Ferrari.   The […]

09Aug 2018

Candy Bars Make Trademark News Yet Again

August 9, 2018 Trademark
The-Top-Computer-Companies-In

In 2013, we wrote about the branding wars between candy bar makers.  These disputes are good measure of the boundaries between 3-D trademarks that have acquired distinctiveness (registrable) and those that are functional (not registrable). In 2006, Nestlé was granted trademark rights in the “distinctive” shape of its KitKat bar in various European countries.  But […]

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