Blog – Adam Garson Law

10Jul 2025

The USPTO is Hiring Patent Examiners

July 10, 2025 Patent
patent examiners

Did you feel it? Something just shifted in the cosmos.  Perhaps Jupiter aligned with Mars, and it’s the dawning of the Age of Aquarius.    Umm, no.   But something has changed.  The Administration has recognized that some Federal employees are important: namely, patent examiners.  After six months of relentless pressure on patent examiners to quit or retire, the USPTO […]

03Jul 2025

Is a Car a Character?

July 3, 2025 Copyright
Eleanor

Do you enjoy car chases? Then you probably remember Eleanor—the sleek Mustang from the Gone in 60 Seconds franchise. She’s arguably the star of the film’s most thrilling scenes. But is Eleanor more than just a car? Is she a copyrightable character, like Mickey Mouse, Batman, James Bond, or even Godzilla? If you’re looking to monetize a character—especially […]

12Jun 2025

Yes, Disclosing Prior Art to the Patent Examiner IS Important

June 12, 2025 Patent
inter partes review

When you file your patent application with the U.S. Patent and Trademark Office, your application (eventually) is reviewed by a patent examiner.  Among other things, the patent examiner will compare your invention to the ‘prior art’ to determine whether your invention is new and is different enough to qualify for patenting.    But what is […]

05Jun 2025

Can You Trademark a Color? Let’s Paint the Picture

June 5, 2025 Trademark
Medisafe medical gloves

Robin-egg blue boxes and shiny red soles—some colors do more than please the eye. They signal status, evoke emotion, and, increasingly, serve as trademarks. Think Tiffany & Co.’s signature blue packaging or the iconic red soles of Christian Louboutin shoes. But can a company really own a color?  How Color Became Trademarkable in the Eyes of the […]

15May 2025

Ask Dr. Copyright®’s About Lawyers Using AI

May 15, 2025 Ask Dr. Copyright
AI in legal work: lawyers using artificial intelligence for legal documents and research

Dear Doc: What’s the latest scoop on lawyers using generative artificial intelligence in their work? Signed,ChatGPT Dear Chat: What Happened in the Kilmar Abrego Garcia Case? File this under “stupid lawyer tricks.” In the case of Kilmar Abrego Garcia, the man deported to a Salvadoran prison by (the U.S. Government’s own admission) a mistake, it […]

08May 2025

Are Phantom Trademarks Real?

May 8, 2025 Trademark
Legal concept of phantom trademarks rejected by USPTO due to missing trademark elements

What in the world are “phantom” trademarks? This was a new topic for us, although we had written about so-called “submarine” trademarks several years ago.  Phantom vs. Submarine Trademarks: What’s the Difference? Filing a submarine trademark is a strategy aimed at maintaining a veil of secrecy over a company’s marketing plans by filing in a […]

01May 2025

IP Retaliation for Tariffs

May 1, 2025 Intellectual Property
Illustration of international IP retaliation as a response to U.S. tariffs in global trade war

Here’s the situation: you’re the leader of a country that does business with the U.S. Do you have any trade war options other than retaliatory tariffs? You betcha. Consider the case of Russia. After Russia’s 2022 invasion of Ukraine, Western nations imposed multiple sanctions against Russia.  Many Western businesses curtailed Russian operations or left the country entirely.  […]

17Apr 2025

Ask Dr. Copyright© About Patent Trolls

April 17, 2025 Ask Dr. Copyright, Patent
patent trolls

Dear Doc: I hear that courts are once again trying to crack down on “patent trolls.” What is a patent troll, and why should courts try to squash them? Signed,Under a Bridge Dear UB: Patents are called “intellectual property” in much the same way as land is called “real property” and your car is “personal […]

10Apr 2025

Consumer Confusion and Trademark

April 10, 2025 Trademark
Consumer Confusion

Lizzie Borden took an axe and gave her mother forty whacks. When she saw what she had done, she gave her father forty-one. — Anonymous And so begins our trademark tale at the site of the 1892 notorious ax murders of Andrew and Abby Borden in Fall River, Massachusetts. Lizzie Borden, Andrew Borden’s daughter, was accused of murdering her father […]

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