Blog – Adam Garson Law

07Jul 2016

So What Is Craft Beer, Anyway?

July 7, 2016 Adam Garson Trademark

Over the past several years, the question of what’s a “craft beer” and who qualifies to make a craft beer has been a front and center issue among the brewing community. It started when “Macro Brewers” began making “small” batch brews such as “Blue Moon” manufactured and sold by the “Blue Moon Brewing Company,” a […]

27Jun 2016

Employment Agreements to Protect Intellectual Property

June 27, 2016 Robert Yarbrough Intellectual Property

How do you, the cautious employer, protect yourself from trade secret theft? One way is through employment agreements. Many of the court cases involving employee theft of trade secrets include employment agreements with intellectual property terms. We believe that courts are more likely to conclude that the actions by a former employee are or will be a […]

20Jun 2016

Is State Law Still Important after the Defend Trade Secrets Act?

June 20, 2016 Robert Yarbrough Trademark

Trade secret owners have new Federal rights under the Defend Trade Secrets Act. But what about state law? Is state law still important for trade secret protection? You bet state law is still important. Trade secret owners have the same state trade secret rights that they had before the DTSA. Whenever a trade secret owner […]

06Jun 2016

Ask Dr. Copyright … DTSA Immunization

June 6, 2016 Lawrence Husick Ask Dr. Copyright

Dear Doc: When I joined MegaCorp, I was “asked” (well, told, actually) to sign a nondisclosure agreement that limits what I can do with any trade secrets I may learn while doing my job. That agreement says that I can’t tell a single, solitary soul, and that if I do, MegaCorp will, I guess, […]

31May 2016

Defend Trade Secrets Act – A New Federal Cause of Action

May 31, 2016 Adam Garson Trademark

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA” or “Act”). The bill was largely uncontroversial (imagine that), passing the Senate by an 87-0 vote and the House by a 410-2 vote. The DTSA is an important piece of legislation. It is so important that we have decided to focus our […]

15May 2016

The Functional Design Patent

May 15, 2016 Robert Yarbrough Patent

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 […]

01May 2016

Ask Dr. Copyright…About Trade Secrets

May 1, 2016 Lawrence Husick Ask Dr. Copyright, Copyright

Dear Doc: I know that this is not a copyright question, but I have heard that trade secrets are about to get a lot more important. What’s up? Signed, Johnny Rivers Dear Johnny: You hear right. On April 27, 2016, by a vote of 410-2, the US House of Representatives passed the Defend Trade Secrets […]

11Apr 2016

Ask Dr. Copyright … notice terminating transfers of publishing rights

Dear Doc: I’m an aspiring musician. I write the songs that make the whole world sing. Lately, it seems that I’m having to work much harder to become an overnight success. After all, I write the songs that make the young girls cry. Can you help? Signed, Mandy Dear Mandy: Woof! Wooof, grrrr. Woof! (But […]

11Apr 2016

Supreme Court Dabbles in Patent Law, Again

April 11, 2016 Robert Yarbrough Litigation, Patent

The first general rule is that whenever the Supreme Court accepts a patent case, it will reverse the lower court decision and change the law. The second general rule is that whenever the Supreme Court decides a patent case the law is left in worse shape than it was before. This time, the Supremes have […]

04Apr 2016

Words, War, Film, and the First Amendment

April 4, 2016 Adam Garson Uncategorized

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 […]

Blog – Adam Garson Law

So What Is Craft Beer, Anyway?

Employment Agreements to Protect Intellectual Property

Is State Law Still Important after the Defend Trade Secrets Act?

Ask Dr. Copyright … DTSA Immunization

Defend Trade Secrets Act – A New Federal Cause of Action

The Functional Design Patent

Ask Dr. Copyright…About Trade Secrets

Ask Dr. Copyright … notice terminating transfers of publishing rights

Supreme Court Dabbles in Patent Law, Again

Words, War, Film, and the First Amendment

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