Blog – Adam Garson Law

14Mar 2019

China Deluges U.S. with Trademark Filings

March 14, 2019 Trademark
TM is for Trademarks

It is widely known that China has been the source of cyber attacks against public and private entities in the United States. The nature and effectiveness of these attacks are of considerable concern. According to one estimate, cyber theft by the Chinese has cost the U.S. economy more than $300 billion annually taking into account […]

07Mar 2019

A Big Company Stole and Patented My Invention. Can I have the patent transferred to me?

March 7, 2019 Litigation, Patent
gavel of justice

In a word, yes. Consider this situation:  An entrepreneur comes up with a new invention, let’s say, a self-inflating tire.  A big tire company, which has unsuccessfully tried to develop self-inflating tires for years, signs a non-disclosure agreement and comes to inspect the tire.  The non-disclosure agreement is a contract by which the big tire […]

14Feb 2019

MacDonald’s Loses its Mojo in the EU

February 14, 2019 Trademark
The-Top-Computer-Companies-In

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 Copyright
Question on a Keyboard

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, […]

03Jan 2019

Treble Damages for Willful Patent Infringement

January 3, 2019 Patent
gavel of justice

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 […]

13Dec 2018

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

December 13, 2018 Intellectual Property, Trademark
TM is for Trademarks

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 […]

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