Blog – Adam Garson Law

Policing your trademarks is as important as registering them.  Policing requires that the trademark and other rights owners monitor the world of commerce to ensure that others are not stealing their intellectual property and, if so, take immediate action against infringers.  Many corporations zealously defend their trademark portfolios. Here’s but one example. In a recent article at Wired.com, The […]

It is surprising how many trademark applicants file their applications without having performed a search to see whether their proposed trademark is even registrable. If you fall into this category, here is some guidance. Once you have created a list of potential trademarks, you have to ensure that no one else has registered the mark […]

LKQ v GM image

Did You Feel It? The Earth Just Shifted Under Every Designer and Design Patent Owner. In March and April, we reminded you that there are two types of patents – utility and design.  Utility patents address how the better mousetrap catches mice.  Design patents address the ornamental appearance of the mousetrap.  Our topic this month is again design patents. […]

Gretchen L. Temeles

A new lawyer has joined the ranks of Lipton, Weinberger & Husick. So, welcome our new partner, Gretchen L. Temeles, Ph.D., J.D. Gretchen arrives at our firm with experience that will greatly complement our patent prosecution and related practice. Here’s an overview of her experience: Gretchen is an experienced intellectual property attorney and scientist. She […]

gavel of justice

YouTube is no stranger to copyright infringement issues.  In 2008, Viacom filed a $1 billion copyright infringement suit against YouTube, claiming that the video site contributed to an explosion of copyright infringement by permitting users to post infringing videos.  The federal district court eventually dismissed Viacom’s action against YouTube on grounds that the Digital Millennium […]

non competition agreements

Dear Doc: I just heard that the Federal Trade Commission (FTC) has effectively outlawed all “non-compete” agreements. What will that mean for businesses that want to protect their competitive advantages? Signed,Every Fatcat, Ever Dear Mr. Large Feline: For many years, companies have forced their employees to sign agreements that restrict where and how they work […]

design patent

Last month, we discussed issues in obtaining a design patent. This month, we look at issues in enforcing the design patent. Remember that utility patents and design patents are separate and distinct and protect different things. A design patent addresses the appearance of something; for example, the appearance of a mousetrap that looks like a piece […]

copyright infringement

In 2014, we wrote about copyright litigation involving Mike Tyson’s Maori-inspired facial tattoo. The tattoo artist, Victor Whitmill, sued Warner Brothers Entertainment in an attempt to stop the release of the movie, “The Hangover Part II,” in which one of the characters was tattooed in an identical manner to Mike Tyson. Recall that the wearer of a […]