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 […]
Blog – Adam Garson Law
Ask Dr. Copyright – Skyline Photography – Recent Case
September 20, 2018
Ask Dr. Copyright, Copyright
Dear Doc: I heard that it may not be legal to take a photo of a city skyline, and to use that photo. Or maybe it is. Can you help me to understand what’s going on in the law? Signed, Insel IdimsDear Mr. Idims:You are correct. Two recent cases involving photographs of the Philadelphia and […]
Legal Notes on Cryptocurrency and Blockchains
September 13, 2018
Technology
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 […]
The Sound of a Ferrari
September 6, 2018
Patent
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 […]
Dear Doc: What’s new and exciting in the world of copyright law? Signed, Very Bored and Easily Amused Dear Very and Easily: Funny you should ask! There is much to report in the fascinating realm of copyright, as authors and other creative types battle the force of evil to protect their creations (and as their […]
Candy Bars Make Trademark News Yet Again
August 9, 2018
Trademark
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 […]
California Enacts Its Version of GDPR
August 2, 2018
cybersecurity, Internet Law, Privacy
In our April newsletter, we told you about the ‘General Data Protection Regulation’ (GDPR) that went into effect in the EU on May 25, 2018. That European regulation provides sweeping privacy requirements for anyone that does business with or collect identifying information on European residents. We opined that an American GDPR would not happen here […]
Dear Doc, I saw an advertisement in an in-flight magazine that showed the “Top Attorneys”. I’ve seen attorneys who say that they are “SuperLawyers”. I’ve even seen a listing of “America’s Top 100 High Stakes Litigators”. Can there really be so many great lawyers? Signed, Confused Dear Confused: The Doc has long been confused […]
Patent Fun Facts:
July 19, 2018
Patent
Try rolling these out at the bar tonight. You’ll be the life of the party! Here goes: The USPTO issued its 10,000,000th patent on Tuesday June 19, 2018. That’s 10 million patents. The 10 millionth patent is owned by Raytheon and addresses LADAR range-finding technology, as used in self-driving cars. In 1997, the USPTO issued about 100,000 patents. In 2007 […]
Supreme Court to Consider the On-Sale Patent Bar
July 12, 2018
Patent
Love ’em or hate ’em, we have the most enthusiastically activist Supreme Court in memory. The Supremes are taking on another patent case, this time relating to the on-sale patent bar. In general, when the Supreme Court decides a patent case, the law is in worse shape than it was before. As a refresher for […]