It’s not very often that the United States Supreme Court decides a trademark issue but this month the Supremes delivered an opinion on a question of trademark law called “tacking.” So what is “tacking?” If you know, you probably should be reading a more advanced blog, but if you don’t, tacking is a doctrine for establishing […]
Blog – Adam Garson Law
Secrecy and Grapes: The ‘Public Use” Concept Under Patent Law
January 30, 2015
Patent
We’ll start with the conclusion: don’t use your invention in public until AFTER you file a patent application. Back to the beginning: Under the patent statute, a ‘public use’ of an invention prior to filing a patent application will destroy U.S. patent rights to the invention. Before March 16, 2013, the inventor had one year […]
What can you tell me about ‘Panoramafreiheit’?
December 31, 2014
Copyright
Ask Dr. Copyright … Dear Doc: What can you tell me about “Panoramafreiheit”?Signed, An American in Paris Dear Mr. Mulligan: Gesundheit! But seriously…you must be referring to the European Union’s 2001 Information Society Directive that states that photos of architectural projects in public spaces (monuments, buildings, etc.) may be taken and published free of copyright […]
Do you remember the Turtles? They were the originators of such memorable hits as “Happy Together,” “It Ain’t Me Babe,” and “She’d Rather Be with Me.” The band was formed in 1965 and by 1970 was on the decline. You may think that when the Turtle’s hits were recorded they were protected by U.S. copyright […]
The Internet-enabled business method patent just clutched its chest and fell over dead.The cause of its demise is theUltramercial v Hulu (Fed. Cir. 2014) case in the Court of Appeals for the Federal Circuit. The Ultramercial patents address a typical Internet-enabled business method. Under the patents, a consumer agrees to view an advertisement and then […]
Ask Dr. Copyright … Dear Doc: Can you explain what’s protected by copyright when a newspaper or television or radio station reports facts about the news? How can we expect the news to be balanced and fair unless certain broadcasters get to own some of the facts that they investigate and report? After all, running […]
Aero TV Faces Additional Hurdles to Survive
October 30, 2014
Ask Dr. Copyright, Copyright
Ask Dr. Copyright … Dear Doc: Since you wrote about Aereo, that company with the millions of TV antennas that was going to free us from the tyranny of Comcast, Verizon, Time-Warner, Cox, and all of the other blood-sucking video vampires, and the fact that Aereo lost big-time in the Supreme Court, we have been […]
Death Spiral of Software Patents
October 30, 2014
Patent
In the not-so-slow death spiral of software patents in light of the Supreme Court’s recent decision in Alice v CLS Bank, another trial court has determined that a patent for software should not have been issued because the software addressed by the patent is not the kind of invention eligible for patenting. In the case of […]
Fixed in a Tangible Medium … Tattoo Art
October 30, 2014
Copyright
Now that sporting a tattoo has gone mainstream, it would only stand to reason – – given that tattoos are creative expressions fixed in a tangible medium (skin) – – that tattoo artists seek protection of their designs under copyright law. To date, few copyright cases involving tattoos have been filed but we’ve learned that […]
Thicke and Tired of Dumb Litigation
September 30, 2014
Copyright
Dear Doc: I read recently that music stars Robin Thicke, Pharrell “Hat” Williams and Clifford “TI” Harris Jr. have sued the late Marvin Gaye’s kids. Thicke and his buddies, according to the news, claim that they did not steal parts of Gaye’s song “Got to Give it Up” in the hit from a year ago […]