Blog – Adam Garson Law

04Apr 2016

Words, War, Film, and the First Amendment

April 4, 2016 Uncategorized
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 […]

01Apr 2016

Posting Images on Flickr:  Is it Publication?

April 1, 2016 Copyright
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 […]

28Mar 2016

Patenting Replacement Parts and Consumables

March 28, 2016 Patent
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 […]

08Mar 2016

Trademark Disputes Can Be So Sweeeet!

March 8, 2016 Trademark
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 […]

01Mar 2016

Have a Great Idea for BMW? Forget About It!

March 1, 2016 Litigation
BMW

Have you ever had a great idea for an existing product? Were you dying to approach the manufacturer to suggest it? Do you think that the manufacturer would even listen to you? David Lazarus, an LA Times reporter, recently wrote about this subject.  Mr. Lazarus recounts the experience of a Dr. Ron Aryel, who approached […]

16Feb 2016

Oracle, Say It’s Not So!

February 16, 2016 Intellectual Property
software

The Federal Trade Commission both announced charges of deception against Oracle and that those claims have been settled.  The claims relate to misleading statements made by Oracle relating to security vulnerabilities of the Java software.  Java is installed on 850 million personal computers, including yours.  Oracle represented to consumers that updates to the Java product corrected security […]

09Feb 2016

Want to Collect Attorney’s Fees? Explain Why You Don’t Infringe!

February 9, 2016 Lipton Weinberger & Husick Blog
attorneys fees

Most parties to litigation have to pay their own attorneys’ fees.   The patent statute includes an exception – in “exceptional” circumstances, the successful party in patent infringement litigation can collect attorneys’ fees from the losing party. Not every losing litigant is liable for the other party’s fees.  The reasonableness of the party’s litigation position and the unreasonableness […]

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