Blog – Adam Garson Law

31Oct 2012

Who Pays For Patent Litigation?

October 31, 2012 Patent
deposit boxes

Your company is threatened with a lawsuit for patent infringement.  You are confident that your product does not infringe.  Should you fight or should you surrender? These are very real questions that businesses face every day.  According to a 2009 survey by the American Intellectual Property Law Association, the average cost for infringement litigation through […]

28Oct 2012

O Say, Can You See?

October 28, 2012 Copyright
courtroom

Imagine that you live in an apartment in a large city, and that you don’t want to have cable television.  You used to have “rabbit ears” on your television, but once the analog transmitters went off the air, you found that your apartment faces the wrong way, and now all you get on your set […]

28Oct 2012

First Sale Doctrine Goes Digital — or Does It?

October 28, 2012 Copyright
Internet and Intellectual Property

Here’s another example of the “if value, then right” approach.  You may recall that the first sale doctrine permits an owner of a copyrighted work to sell, transfer, loan, or even dispose of the work without infringing the creator’s distribution rights.  So, for example, if you were to purchase a music CD or a book, […]

28Sep 2012

Ask Dr. Copyright…

September 28, 2012 Ask Dr. Copyright, Copyright, Patent, Trademark
Designs for patents

Dear Doc: I have heard that there is something called “trade dress” that can be legally protected, and that it’s different from trade mark and also from design patent and copyright?  What gives? Signed, Sam Sung Dear Sam: Trade dress is pretty broadly defined as the visual impression created by the sum of all elements […]

28Sep 2012

Copyright Protection for Fashion Designs Revisited (Again)

September 28, 2012 Copyright
The-Top-Computer-Companies-In

We’ve been following developments in copyright law related to the fashion industry for quite some time.  You may recall that clothing falls into the category of a functional item, which is not protectable under United States copyright law.  Yet, because fashion designs are frequently “knocked-off,” the fashion industry has long sought copyright protection for designs. […]

30Aug 2012

Google Patent Search has New Features and New Powers

August 30, 2012 Patent
combo lock

Do you want to find out whether your better mousetrap is patentable?  For inventors and patent attorneys, Google Patent Search is a cheap (as in free) and easy way to perform a light-weight screening search.  Since 2006, Google Patent Search has allowed use of familiar word searching skills to search a database of U.S. patents […]

30Aug 2012

From Brain Drain to Brain Flow

August 30, 2012 Intellectual Property
Copyright concepts

At one time, leaders in developing countries and in international organizations decried the “brain drain” that led the best and brightest in what we used to call the “third world” to emigrate to the West to take advantage of superior educational and employment opportunities. The United States was the destination of choice, both for these […]

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