Blog – Adam Garson Law

02Dec 2025

Can a state prevent enforcement of a U.S. patent?

December 2, 2025 Patent

The short answer is – we’re about to find out. An inventor’s patent rights are based on the U.S. Constitution:  “Congress shall have power… to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress has exercised this power by […]

13Nov 2025

Ask Dr. Copyright® About AI

November 13, 2025 Ask Dr. Copyright
Question on a Keyboard

Dear Doc: I keep reading that the New York Times, book publishers, authors, musicians, and others are bringing lawsuits against companies that develop artificial intelligence software, claiming that the AI companies are infringing copyright by using published materials to “train” AI. What’s going on? Signed,Genuinely Intelligent Dear GI: The authors and publishers object not only to […]

06Nov 2025

The Perils of Patriotic Branding

November 6, 2025 Trademark
US Flag

Understanding USPTO Rules for Patriotic Trademarks The trademark selection process is full of traps for the unwary. Suppose you want a patriotic logo that waves the Stars and Stripes. Reasonable enough. But don’t. One client came to us after the USPTO refused registration of a mark that included the Jamaican flag. Under trademark examination rules, […]

18Sep 2025

Beach Umbrella Patents

September 18, 2025 Patent
beach umbrellas

Your faithful correspondent finds the beach superior in concept to execution.  The concept is a sun-drenched paradise, with clear waves gently lapping on the white sand and whales cavorting in the distance.  The reality is sun burn, dehydration, sand too hot to walk on and saltwater mosquitoes that drain a pint at a time.  In […]

11Sep 2025

Rebranding Missteps – Avoid Them or Pay Dearly

September 11, 2025 Trademark
Cracker Barrel logo

Over the years, we’ve written several articles on rebranding. If we’ve learned anything, it’s that rebranding can be risky business. Consumers invest a lot of emotion in brands (including logos and trademarks), and should a brand physically change, it can light a firestorm of discontent, opprobrium and just downright nastiness. That brings us to the latest rebranding fiasco. In May 2024, Cracker […]

21Aug 2025

Ask Dr. Copyright® About AI

August 21, 2025 Copyright
AI copyright training fair use legal debate

Dear Doc: I hear that using copyrighted materials to train artificial intelligence systems is legal. Can that be true? Signed,Every Artist, Ever Is Using Copyrighted Materials to Train AI Legal? Dear EAE: Training artificial intelligence (AI) systems, particularly large language models (LLMs), is a process that relies on vast amounts of information that is broken […]

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 […]

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