Blog – Adam Garson Law

Designs for patents

  If you have patents or have been involved in patenting, then you have heard about the  difference between design and utility patents.  The explanation probably went something like this: A utility patent protects how a thing does what it does.  A design patent protects the appearance of the thing. And: A design patent cannot […]

Halt

When lawyers and lay people talk about “intellectual property” (IP) they are usually referring to patents, trademarks, copyright, and trade secrets. But IP may consist of other rights including the “right of publicity.” The right of publicity refers to those rights related to control of the commercial use of one’s identity typically consisting of a […]

flickr images

During a recent presentation on copyright law to the Lehigh Valley Photography Club, several members expressed an interest in knowing whether posting images to a photo sharing site such as Flickr.com was “publication” for purposes of copyright registration. I expressed my opinion that it is publication. I thought it would be useful to take a […]

Designs for patents

Entire industries are built around the business model of a cheap product and expensive consumables for that product – think ink jet printers, electric toothbrushes and shaving razors.   Controlling replacement parts also is a lucrative sideline for manufacturers of big-ticket items – prime examples are automobile fenders and other collision repair parts. So why don’t […]

Kit Kat Trademark wrapper

In late 2013 we wrote about a trademark dispute between the Hershey Company and Mars Inc. over whether Mars had trademark rights in the cross-section of its Snickers candy bar. Hershey opposed the mark on grounds that it was merely descriptive, de jure functional, generic, and failed to function as a trademark. The cross-section of […]