In April 2012, the The Office of the United States Trade Representative (USTR) issued its “2012 Special 301 Report” (Report) in which it reviews the state of intellectual property rights protection and enforcement in trading partners around the world. It’s an interesting document, which underscores the importance of intellectual property rights (IPR) to world economy, […]
Blog – Adam Garson Law
An Obvious Solution to a Non-Obvious Problem
June 29, 2012
Patent
Inventors and patent attorneys know that creating any invention has two parts: (a) identifying a problem; and (b), solving that problem. To protect the invention by patent, the invention must be ‘non-obvious.’ That is, if two or more prior art patents or other references when taken together teach all of the elements of a patent […]
The 1966 landmark Supreme Court case of Miranda v. Arizona gave us that famous TV cop phrase, “You have the right to remain silent…” This warning, called the Miranda Warning after the name of the criminal defendant in the case, is so common that many citizens can almost repeat it by heart. The holding of […]
Ask Dr. Copyright
May 31, 2012
Ask Dr. Copyright, Copyright, Intellectual Property
Dear Doc: I have heard several of my friends say that university copyright policies are complicated and are a “bear” to deal with. What, exactly, does that mean? Your friend, Yogi Dear Yogi: Many colleges and universities have so-called “intellectual property policies” that they say apply to student-created work. Many of these policies say that […]
On May 28th, Phillies versus the Mets, ace-pitcher Cole Hamels, allowed four runs in eight innings but got out of an eighth-inning jam by making the right pitches at the right time. But it was first baseman Ty Wigginton’s game. He saved the day by going 3-for-3 with a double, home run, two walks, and […]
Ask Dr. Copyright . . .
April 30, 2012
Ask Dr. Copyright, Copyright, Internet Law
Dear Doc: I hear a lot about storing files on “the cloud” these days. From your perspective, do I lose any rights when I use such a service? They sure are convenient! Signed, Will Robinson DANGER, WILL ROBINSON!!! DANGER!!! The “Doc” has reviewed the terms and conditions of the license agreements of a few “cloud” […]
Copyright Still Isn’t Fashionable!
April 30, 2012
Copyright
A recent question posed to us by a law student in Rotterdam, Netherlands (yes, you read correctly) about the status of copyright protection for fashion designs in the United States motivated us to revisit a previous article we wrote in 2009 about proposed copyright legislation referred to then as the Design Piracy Prohibition Act (H.R. […]
…But We’re Important!
April 30, 2012
Intellectual Property
The Economics and Statistics Administration, an arm of the U.S. government, and the U.S. Patent and Trademark Office have issued a report on the importance of intellectual property (patents, trademarks and copyrights) to the U.S. economy. According to the report, as of 2010 over 27 million people are employed directly in industries identified by the […]
Ask Dr. Copyright
March 29, 2012
Ask Dr. Copyright, Copyright
Dear Doc: What ever happened to “RightHaven” that company you called a “copyright troll” and that was suing bloggers for quoting from the Las Vegas newspaper? Signed, Just Curious, With Nothing Better to Do Dear JC: It turns out that RightHaven was beaten back by some of the defendants that it sued, with the help […]
A Book By Any Other Name
March 29, 2012
Internet Law
Readers of this newsletter will recall that trademark rights in the United States are established by use, not by registration. There are benefits to registration, of course, but rights arise by the actual use of a mark in commerce in conjunction with a product or service. Often, the assertion of a trademark use is indicated […]