Blog – Adam Garson Law

30May 2013

The Fable of the Supreme Court and the Beanstalk

May 30, 2013 Robert Yarbrough Patent

Once upon a time, a farmer purchased a magic bean. The farmer planted his magic bean, as farmers do. The magic bean grew into a magic beanstalk and made more magic beans. The farmer harvested the magic beans, as farmers do, and saved the new magic beans for the next year. For eight years, the […]

30May 2013

The Naked Truth About Fair Use Applied to Trademarks

May 30, 2013 Adam Garson Trademark

We’ve written a lot about the “fair use” concept in the copyright context but did you know that there is also a fair use concept in trademark law? Here’s a case that illustrates the point. In 2012, the Naked Cowboy (yes, you read it correctly) of New York City fame, sued CBS for trademark infringement […]

30May 2013

To Be, or Not To Be..

May 30, 2013 Robert Yarbrough Patent

Pardon the quote of the Bard, but there is one area of patent law that, indeed, ponders “that is the question.” Bear with us for a moment while we try to set the stage. To qualify for a patent, the patent law statute passed by Congress states that an invention must meet three criteria: it […]

30Apr 2013

Ask Dr. Copyright…Aero Inc.

April 30, 2013 Lawrence Husick Ask Dr. Copyright, Copyright

Dear Doc: I used to have “rabbit ears” on my TV. On stormy nights, I had to stand “just so” near the left ear to see channel 17, but other than that, it worked just fine. Then the electronics companies and the gub’ment told me that I needed “digital” TV or cable. Now, I like […]

30Apr 2013

Just How Much Can an Artist Appropriate and Get Away With — Plenty!

April 30, 2013 Adam Garson Copyright

So, do you know what an “appropriation artist” is? It’s an artist who uses preexisting objects or images to create new works of art. While you might guess that appropriation artists keep many a copyright lawyer employed they also sell their works for large sums of money. Take for example, Richard Prince, perhaps, the most […]

30Apr 2013

To Disclose or Not to Disclose … That is the Question

April 30, 2013 Robert Yarbrough Patent

You have conceived of a wonderful new invention and you want tell everyone, but you are not ready for the expense of a patent application. Should you open your mouth? Every inventor feels the tension between the need to maintain secrecy and the need to disclose the invention. If you are a regular reader of […]

30Apr 2013

The Statutory Invention Registration (SIR) is No More

April 30, 2013 Robert Yarbrough Patent

As of March 16, 2013 the PTO stopped accepting or reviewing applications for SIRs. Before March 16, the SIR was a technique to notify the world of an invention that the invention owner did not wish to patent. The effect of the SIR was to dedicate the invention to the public so that anyone could […]

28Mar 2013

Ask Dr. Copyright — A case of “standing”

Dear Doc: I’ve been listening to NPR, and when they talk about Supreme Court cases, they talk about someone standing around, and how much that matters to all them old folks on the Court. Then they complain that folks lack standing (I guess they never heard of those tall desks like old Tom Jefferson used.) […]

28Mar 2013

Kirtsaeng Wins Before the Supreme Court!

If you’re a regular reader of our newsletter, you may recall in 2011 our writing about Supap Kirtsaeng’s legal problems when he was sued by John Wiley & Sons, Inc. (“Wiley”) for selling text books on e-bay. Kirtsaeng, a Thai national, opened a used textbook business in 2009 to support his educational studies in the […]

28Mar 2013

The Rush to Meet the March 16th Patent Deadline

March 28, 2013 Robert Yarbrough Patent

According to a chart released by the U.S. PTO, about 26,500 provisional and non-provisional patent applications were filed on March 15, up from the about 2,500 applications that are filed on a typical day. The reason: inventors and their patent lawyers (including us) were racing to beat the March 16 deadline. As we have said […]

Blog – Adam Garson Law

The Fable of the Supreme Court and the Beanstalk

The Naked Truth About Fair Use Applied to Trademarks

To Be, or Not To Be..

Ask Dr. Copyright…Aero Inc.

Just How Much Can an Artist Appropriate and Get Away With — Plenty!

To Disclose or Not to Disclose … That is the Question

The Statutory Invention Registration (SIR) is No More

Ask Dr. Copyright — A case of “standing”

Kirtsaeng Wins Before the Supreme Court!

The Rush to Meet the March 16th Patent Deadline

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