Blog – Adam Garson Law

Designs for patents

There are people who wish that the U.S. patent system would just go away.  Their allies successfully lobbied for and passed the ‘America Invents Act’ back in 2011 that resulted in the USPTO patent death squads, also known as the Patent Trial and Appeal Board (PTAB).  As we described last month, the PTAB kills patents with impunity […]

C in the circle is for copyrights

 In 2016 Justin Goldman, a photographer, snapped a photograph of NFL quarterback Tom Brady and Boston Celtics president, Danny Ainge, strolling together in the Hamptons. According to reports, the Celtics were at the time attempting to recruit NBA star Kevin Durrant. Goldman uploaded his photograph to Snapchat after which it went viral being posted on […]

Designs for patents

In the America Invents Act, Congress shifted challenges to the validity of patents from the Federal courts to the Patent Trial and Appeal Board (PTAB), an arm of the U.S. Patent and Trademark Office.  The PTAB applies different rules and standards than the Federal courts, rules and standards that favor the patent infringer and not […]

Copyright

Last year our own Dr. Copyright wrote: “Today’s copyright system is broken in some important ways. Because it has poorly defined fair use standards and exclusive rights last so long (thanks to Sonny Bono and the Mickey Mouse Copyright Term Extension Act – 95+ years), a great deal of what we used to think of […]

Designs for patents

Fifteen years ago, China did not have much of a patent program.  After all, with a centrally controlled economy and no private property, what good was a patent? Much of that has changed, at least the private property part. The Chinese government identified homegrown innovation and improving the ‘made in China’ brand as crucial to […]

trademark marijuana

Marijuana has become big business. We never thought it would happen but now  29 U.S. states and the District of Columbia have legalized medical marijuana and eight states have legalized pot for recreational use. But alas, federal law, still classifies cannabis as a Schedule I controlled substance under the Controlled Substances Act meaning that cannabis […]

Question on a Keyboard

Dear Doc: I hear that although a monkey can’t own a copyright, a cat can be both a copyright and a trademark, and is worth a whole lot of money. What gives? Judges don’t like monkeys, but love kitties? What kind of law is that? Signed, Confused Cat Lover Dear CCL: Like anything in the […]

Congress

Many administrations regard the USPTO as a political backwater and the directorship as a holding pen for less-than-ideal candidates. Here’s the shocker: The Administration has appointed a qualified person to head the USPTO.  His name is Andrei Iancu and he is currently the managing partner of a Los Angeles law firm.  He’s a degreed engineer and registered […]

Internet Domains

An Israeli landlord places an online ad for an apartment and obtains a response from an interested renter.  According to reports, the renter wrote (original in Hebrew): Based upon several follow-up communications, the landlord removes his online advertisement. A few days later, the would-be renters disappear. What’s a landlord to do? He’s a businessman so […]