Blog – Adam Garson Law

15Mar 2018

Patent Death Squads 1, St. Regis Mohawk Tribe 0

March 15, 2018 Patent
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 […]

08Mar 2018

Free Mickey Mouse!

March 8, 2018 Copyright
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 […]

15Feb 2018

China Embraces Patents in a Big Way

February 15, 2018 Patent
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 […]

08Feb 2018

Marijuana Madness

February 8, 2018 Trademark
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 […]

01Feb 2018

Ask Dr. Copyright — Grumpy Cat

February 1, 2018 Ask Dr. Copyright
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 […]

18Jan 2018

Shocker at the USPTO

January 18, 2018 Patent, Trade Secrets
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 […]

18Jan 2018

Emoji Madness

January 18, 2018 Internet Law
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 […]

28Dec 2017

Another Reason that E-mail can be Dangerous

December 28, 2017 cybersecurity
Question on a Keyboard

Consider, hypothetically, that you are in the process of a nasty divorce.  Using your company-owned laptop, you e-mail your divorce attorney about all of the times you cheated on your spouse, complete with action photos of each of your romantic soul mates and detailed descriptions of the unique talents of each one. Now your spouse’s […]

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