Blog – Adam Garson Law

14Aug 2025

Is There Hope for Patents?

August 14, 2025 Patent
Patent Eligibility Restoration Act

Let’s say you’re the leader of a very big company.  You know with the serene confidence of entitlement that you and your company are very, very important – much more important than the little, insignificant, unimportant people out there – the ones who own patents.1 You’re annoyed that the unimportant people, the ones who own patents, get […]

07Aug 2025

Can You Sue a Trademark Co-Owner?

August 7, 2025 Trademark
sue for trademark infringement

Under U.S. copyright law, as interpreted by the courts, each co-owner of a work owns an undivided interest in the work and is free to exercise those rights, including the right to license the work, without the permission of the other co-owners. As you can imagine, absent an agreement between co-owners, co-ownership of a copyright can potentially […]

10Jul 2025

The USPTO is Hiring Patent Examiners

July 10, 2025 Patent
patent examiners

Did you feel it? Something just shifted in the cosmos.  Perhaps Jupiter aligned with Mars, and it’s the dawning of the Age of Aquarius.    Umm, no.   But something has changed.  The Administration has recognized that some Federal employees are important: namely, patent examiners.  After six months of relentless pressure on patent examiners to quit or retire, the USPTO […]

03Jul 2025

Is a Car a Character?

July 3, 2025 Copyright
Eleanor

Do you enjoy car chases? Then you probably remember Eleanor—the sleek Mustang from the Gone in 60 Seconds franchise. She’s arguably the star of the film’s most thrilling scenes. But is Eleanor more than just a car? Is she a copyrightable character, like Mickey Mouse, Batman, James Bond, or even Godzilla? If you’re looking to monetize a character—especially […]

12Jun 2025

Yes, Disclosing Prior Art to the Patent Examiner IS Important

June 12, 2025 Patent
inter partes review

When you file your patent application with the U.S. Patent and Trademark Office, your application (eventually) is reviewed by a patent examiner.  Among other things, the patent examiner will compare your invention to the ‘prior art’ to determine whether your invention is new and is different enough to qualify for patenting.    But what is […]

05Jun 2025

Can You Trademark a Color? Let’s Paint the Picture

June 5, 2025 Trademark
Medisafe medical gloves

Robin-egg blue boxes and shiny red soles—some colors do more than please the eye. They signal status, evoke emotion, and, increasingly, serve as trademarks. Think Tiffany & Co.’s signature blue packaging or the iconic red soles of Christian Louboutin shoes. But can a company really own a color?  How Color Became Trademarkable in the Eyes of the […]

15May 2025

Ask Dr. Copyright®’s About Lawyers Using AI

May 15, 2025 Ask Dr. Copyright
AI in legal work: lawyers using artificial intelligence for legal documents and research

Dear Doc: What’s the latest scoop on lawyers using generative artificial intelligence in their work? Signed,ChatGPT Dear Chat: What Happened in the Kilmar Abrego Garcia Case? File this under “stupid lawyer tricks.” In the case of Kilmar Abrego Garcia, the man deported to a Salvadoran prison by (the U.S. Government’s own admission) a mistake, it […]

08May 2025

Are Phantom Trademarks Real?

May 8, 2025 Trademark
Legal concept of phantom trademarks rejected by USPTO due to missing trademark elements

What in the world are “phantom” trademarks? This was a new topic for us, although we had written about so-called “submarine” trademarks several years ago.  Phantom vs. Submarine Trademarks: What’s the Difference? Filing a submarine trademark is a strategy aimed at maintaining a veil of secrecy over a company’s marketing plans by filing in a […]

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