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# Adam G. Garson, Esq. | Lipton, Weinberger & Husick

Trademark Law & Intellectual Property

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## Posts

- [Blog - Adam Garson Law](https://garson-law.com/blog/) - Discover the latest news, information, and application of law to intellectual property court cases. If you have a copyright or trademark question, ask us!
- [Trademark Circular No. 5 -- Band Names: Easy to Register but Difficult to Own](https://garson-law.com/trademark-circular-no-5-band-names-easy-to-register-but-difficult-to-own/) - Registering a band name may seem straightforward, but the greater challenge often lies in determining who owns the name and who may continue using it.
- [Trademark Circular No. 6 --Using Personal Names as Trademarks](https://garson-law.com/trademark-circular-no-6-using-personal-names-as-trademarks/) - People have been doing business under personal names or surnames for centuries, sometimes their own names, sometimes someone else’s, and sometimes the names of historical figures. There are countless examples: Ford, Disney, McDonald’s, Ralph Lauren, Martha Stewart, Napoleon, Caesar, Lincoln, Churchill, and Tesla, to name a few. You can find all these names being used
- [The Power of Schedule ‘A’](https://garson-law.com/the-power-of-schedule-a/) - Online marketplaces like Amazon and Walmart make patent infringement easy, quick, and largely anonymous. The marketplaces are not liable for infringement by their sellers, so a patent owner may be left playing whack-a-mole, pursuing multiple infringers from overseas (we’re looking at you, China) hiding behind fictitious names. As soon as an ad for an infringing product is
- [Ooh, Boy… Another Reason Not to be Your Own (Patent) Lawyer](https://garson-law.com/ooh-boy-another-reason-not-to-be-your-own-patent-lawyer/) - Be careful with micro entity status. And get professional advice.
- [Ask Dr. Copyright® About Taylor Swift's Voice](https://garson-law.com/ask-dr-copyright-about-taylor-swifts-voice/) - Ms. Swift will be able to claim that deepfakes mislead the consumer into believing that whatever the deepfake is selling originates with, or is endorsed by her.
- [Trademark Circular No. 4: The Principal vs. Supplemental Trademark Registers](https://garson-law.com/trademark-circular-no-4-the-principal-vs-supplemental-trademark-registers/) - The United States Patent and Trademark Office ("USPTO") maintains two trademark registers, the (1) Principal and the (2) Supplemental Registers. A "Register" is simply an official list or ledger of items, much like a property deed register. Sometimes the USPTO Registers are referred to as "Registries." It is easy to believe that the existence of two Registers means there are
- [Ask Dr. Copyright® About the ADA](https://garson-law.com/ask-dr-copyright-about-the-ada/) - Under the Americans with Disabilities Act public-facing websites of businesses (and state/local governments) must be accessible to people with disabilities
- [If there was ever any doubt…](https://garson-law.com/if-there-was-ever-any-doubt/) - Director John Squires has had a major impact on the decisions of the PTAB judges
- [Trademark Circular No. 3: Selecting the Right Trademark](https://garson-law.com/trademark-circular-no-3-selecting-the-right-trademark/) - a thorough and informed approach puts your application in the strongest possible position for success.
- [Ask Dr. Copyright® About IP Rights](https://garson-law.com/ask-dr-copyright-about-ip-rights/) - A decision that significantly limits knowledge-based contributory liability theories of contributory liability.
- ['Trade Names' or 'Trademarks'?](https://garson-law.com/trade-names-or-trademarks/) - To determine whether a proposed trademark is a trade name, determine the manner in which the name is used and the impact on purchasers and potential purchasers.
- [Liberate TACO TUESDAY! Who Owns It Anyway? ](https://garson-law.com/liberate-taco-tuesday-who-owns-it-anyway/) - Given the weighty domestic and foreign news of the day, trademark wars shouldn't be capturing as much media attention as has the recent kerfuffle over the mark "TACO TUESDAY." But it has. If you haven’t heard, Taco Bell, LeBron James, and some restaurant establishments are fighting over ownership of the trademark rights to TACO TUESDAY.
- [Bambi Meets Godzilla or The Patent Eligibility Restoration Act of 2024](https://garson-law.com/bambi-meets-godzilla-or-the-patent-eligibility-restoration-act-of-2024/) - Patent Eligibility Restoration Act of 2024 may plug many of the holes in the Patent Statute that no one could have foreseen back in 1793.
- [Idaho Successfully Limits Patent Rights, for Now](https://garson-law.com/idaho-successfully-limits-patent-rights-for-now/) - An Idaho statute may change the economics of patent litigation.
- [Trademark Circular No. 2: How to File a State Trademark Application](https://garson-law.com/trademark-circular-no-2-how-to-file-a-state-trademark-application/) - State registration may be important if you are making purely intrastate use (i.e., within the state) of your trademark. In fact, the first requirement of registering a trademark in a state registry is that you are using the mark in that state. Another benefit of state registration is its relatively low cost. In Pennsylvania, for
- [Trademark Circular No. 1: How to File a Federal Trademark Application](https://garson-law.com/trademark-circular-no-1-how-to-file-a-federal-trademark-application/) - The LWH Trademark Circular Series. Circular No. 1 is the starting point for learning about the trademark registration process
- [Ask Dr. Copyright® About Registered Patent Lawyers](https://garson-law.com/ask-dr-copyright-about-registered-patent-lawyers/) - In American law, there are only two recognized specialties, “proctor in admiralty” and “registered patent attorney”.
- [Oliver Evans, Early Inventor](https://garson-law.com/oliver-evans-early-inventor/) - The year was 1809. Oliver Evans, Philadelphia inventor, author, and entrepreneur, was having a very bad day. He was in the middle of yet another lawsuit against yet another person who copied Evan’s automated (and patented) flour mill. A justice of the U.S. Supreme Court, clearly hostile to inventors, announced in court that a patent right
- [Where to Sue for Patent Infringement](https://garson-law.com/where-to-sue-for-patent-infringement/) - Venue is a crucial consideration in patent enforcement, both to manage transactional costs and for litigation strategy.
- [Ask Dr. Copyright® About Pirates](https://garson-law.com/ask-dr-copyright-about-pirates/) - The “Cartel Marque and Reprisal Authorization Act of 2025,” could potentially create a new group of pirates, “privately armed and equipped persons and entities”
- [Twitter Reborn?](https://garson-law.com/twitter-reborn/) - eviving a famous trademark is never risk-free
- [Ask Dr. Copyright® About AI](https://garson-law.com/ask-dr-copyright-about-ai-4/) - An AI model such as Stable Diffusion which does not store or reproduce any Copyright Works (and has never done so) [and thus,] is not an “infringing copy"
- [Ask Dr. Copyright® About Robots](https://garson-law.com/ask-dr-copyright-about-robots/) - companies building robots are patenting aspects of their software, and are registering copyrights, and asserting that their systems are trade secrets
- [Can a state prevent enforcement of a U.S. patent?](https://garson-law.com/can-a-state-prevent-enforcement-of-a-u-s-patent/) - The short answer is - we’re about to find out. An inventor’s patent rights are based on the U.S. Constitution: “Congress shall have power… to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress has exercised this power by
- [Be Careful of What You Wish For](https://garson-law.com/be-careful-of-what-you-wish-for/) - Just keep in mind that you have powerful tools for protecting intellectual property. The public has only one tool: amplification.
- [Ask Dr. Copyright® About AI](https://garson-law.com/ask-dr-copyright-about-ai-3/) - Explore AI copyright and fair use issues. Learn how courts handle AI training on creative works and what it means for authors, publishers, and artists.
- [The Perils of Patriotic Branding](https://garson-law.com/waving-the-wrong-flag-the-perils-of-patriotic-branding/) - Avoid costly mistakes with patriotic trademarks. Learn USPTO rules on flags, seals, and false government connections for successful registration.
- [Ask Dr. Copyright® About Taylor Swift](https://garson-law.com/ask-dr-copyright-about-taylor-swift-2/) - Discover how the Taylor Swift trademark filing for The Life of a Showgirl album title reveals smart strategies you can use to protect your own brand.
- [Rebranding Missteps - Avoid Them or Pay Dearly](https://garson-law.com/rebranding-missteps-avoid-them-or-pay-dearly/) - Learn more about the Cracker Barrel rebranding fiasco and how customer backlash forced the company to restore its old logo.
- [Beach Umbrella Patents](https://garson-law.com/beach-umbrella-patents/) - Explore beach umbrella patents, from solar-powered misting umbrellas to backpack-style inventions, and see how inventors transformed shade into innovation.
- [Can You Sue a Trademark Co-Owner?](https://garson-law.com/can-you-sue-a-trademark-co-owner/) - Can you sue a trademark co-owner for infringement? Learn what the courts say and why agreements matter in joint trademark ownership.
- [Is There Hope for Patents?](https://garson-law.com/is-there-hope-for-patents/) - Explore how the Patent Eligibility Restoration Act could reshape U.S. patent law and restore rights for inventors, especially in software and biotech.
- [Ask Dr. Copyright® About AI](https://garson-law.com/ask-dr-copyright-about-ai-2/) - Can AI legally use copyrighted materials for training? Explore recent court rulings and legal insights on copyrighted materials in AI training.
- [Can You Trademark a Color? Let’s Paint the Picture](https://garson-law.com/can-you-trademark-a-color-lets-paint-the-picture/) - The secondary meaning requirement is often the linchpin in modern color trademarkdisputes.
- [The USPTO is Hiring Patent Examiners](https://garson-law.com/the-uspto-is-hiring-patent-examiners/) - After six months of relentless pressure on patent examiners to quit or retire, the United States Patent and Trademark Office is hiring new patent examiners.
- [Ask Dr. Copyright® About Litigation Funding](https://garson-law.com/ask-dr-copyright-about-litigation-funding/) - Proposed laws threaten patent rights and access to courts by taxing litigation funding and requiring costly bonds. Learn what inventors need to know.
- [Is a Car a Character?](https://garson-law.com/is-a-car-a-character/) - This article explores the legal battle over Eleanor from Gone in 60 Seconds, and what the courts say about fictional character IP protection.
- [Consumer Confusion and Trademark](https://garson-law.com/when-is-consumer-confusion-not-trademark-infringement/) - Does owning a trademark mean owning a legend? A court rules on consumer confusion in a battle over Lizzie Borden branding between a ghost tour and a café.
- [Experimental Use in Patent Law](https://garson-law.com/experimental-use-and-patent-infringement/) - Learn about Experimental Use in Patent Law, including its limitations, exceptions, and how it applies to pharmaceutical patents and FDA approval.
- [Ask Dr. Copyright®'s Opinion About the Library of Congress](https://garson-law.com/ask-dr-copyrights-opinion-about-the-library-of-congress/) - Important Constitutional issues of separation of powers and the appointment power are now being fought over the area of copyrights.
- [Yes, Disclosing Prior Art to the Patent Examiner IS Important](https://garson-law.com/yes-disclosing-prior-art-to-the-patent-examiner-is-important/) - File an information disclosure statement along with your application and update the information disclosure statement if more information becomes available.
- [Ask Dr. Copyright®'s About Lawyers Using AI](https://garson-law.com/ask-dr-copyrights-about-lawyers-using-ai/) - Can lawyers rely on AI for legal briefs? Two real-world cases show the risks of generative AI in law—and why quality legal work still matters.
- [IP Retaliation for Tariffs](https://garson-law.com/ip-retaliation-for-tariffs/) - Foreign nations may strike back at U.S. tariffs by targeting intellectual property. Learn how IP retaliation is shaping modern trade wars.
- [Are Phantom Trademarks Real?](https://garson-law.com/are-phantom-trademarks-real/) - Phantom trademarks aren't just myths—they're legally rejected in the U.S. Learn why and how they differ from legal submarine trademarks.
- [Ask Dr. Copyright© About Patent Trolls](https://garson-law.com/ask-dr-copyright-about-patent-trolls/) - Are courts cracking down on patent trolls or limiting patent rights? Explore the debate over Non-Practicing Entities, litigation risks, and legal reforms.
- [An "UGG"ly Trademark Dispute](https://garson-law.com/generic-here-and-there-but-not-everywhere-an-uggly-trademark-dispute/) - Australian Company, UGG Since 1974, was sued by a United States shoe company, for its use of the name UGG which has resulted in an "UGG"ly trademark dispute.
- [Use in Commerce: Don't Be Defensive](https://garson-law.com/use-in-commerce-dont-be-defensive/) - When you apply for a trademark, you must still demonstrate actual use in commerce. Failure to use your trademark can lead to cancellation or abandonment.
- [Ask Dr. Copyright® About Birkenstocks](https://garson-law.com/ask-dr-copyright-about-birkenstocks/) - Birkenstock’s are undeniably iconic, but their design is driven by orthopedic needs, not creative expression, leaving them unprotected by copyright.
- [Reason for Hope at the USPTO](https://garson-law.com/reason-for-hope-at-the-uspto/) - Change in leadership at the U.S. Patent and Trademark Office, including a highly qualified Secretary of Commerce and Director, could be reason for hope.
- [Ask Dr. Copyright® About Publicity Rights](https://garson-law.com/ask-dr-copyright-about-publicity-rights/) - In order to sell his new cologne, Trump misappropriated the name, image, and likeness of Jill Biden without her permission which violates publicity rights.
- [Ask Dr. Copyright® About His Opinion](https://garson-law.com/ask-dr-copyright-about-his-opinion/) - Intellectual property laws are a mix of legislation passed by Congress and signed by the President, and judicial decisions interpretting that legislation.
- [Who Will Review the Patent Applications?](https://garson-law.com/who-will-review-the-patent-applications/) - If applied literally to the USPTO, the Executive Order likely will cause many, many examiners to leave the agency and not be replaced.
- [The Power of Nostalgia Marketing](https://garson-law.com/the-power-of-nostalgia-marketing/) - Brand owners are eager to leverage “nostalgia,” a sentimental longing for the past, to create deep and more meaningful relationships with their audience.
- [One Continent, One Patent, Mostly](https://garson-law.com/one-continent-one-patent-mostly/) - Since September, 2024, an invention owner can apply for a ‘unitary patent’ in Europe.
- [Ask Dr. Copyright® About Library Lending](https://garson-law.com/ask-dr-copyright-about-library-lending/) - Tt appears that digitization and library lending may have to be limited to works that are in the public domain - mostly those published before 1930.
- [Ask Dr. Copyright® About Clowns](https://garson-law.com/ask-dr-copyright-about-clowns/) - The Doc discusses the strangest form of intellectual property protection he's ever run across – the Clown Egg Register. What are clown eggs?
- [The Patent Application That Would Not Die](https://garson-law.com/the-patent-application-that-would-not-die/) - Over 20 years later, and G.E. Financial’s U.S. patent application for a "waterfall tool" to analyze financial product pricing is still pending
- [Barbie Loves Barbecue – Who Knew?](https://garson-law.com/barbie-loves-barbecue-who-knew/) - Owner of ‘Amanda’s BarBeeQue,’ has faced trademark opposition from Mattel, the global toy and family entertainment company behind the iconic Barbie brand.
- [Ask Dr. Copyright® About Privacy](https://garson-law.com/ask-dr-copyright-about-privacy/) - The Flock license plate reader is a network of solar powered cameras equipped with AI capabilities that allow police to track every vehicle in a wide area.
- [Keyword Infringement – Is it Possible?](https://garson-law.com/keyword-infringement-is-it-possible/) - Attorney Adam Garson dives into the topic of keyword infringement and how it relates to online advertising.
- [The Brain That Wouldn’t Die](https://garson-law.com/the-brain-that-wouldnt-die/) - Keeping disembodied pig brains alive is real and has actually become a competitive sport, but how about immortality through surgery?
- [Ask Dr. Copyright® About Political Campaigns and Music](https://garson-law.com/ask-dr-copyright-about-political-campaigns-and-music/) - The Doc dives in two political campaigns and music starting with a recent law suit between soul music legend’s son, Isaac Hayes, and Donald Trump.
- [Abandonment … How Does It Happen?](https://garson-law.com/abandonment-how-does-it-happen/) - Attorney Adam Garson discusses trademark abandonment and some circumstances under which a trademark may become abandoned by its owner.
- [Earliest (Patent) Memories](https://garson-law.com/earliest-patent-memories/) - If the improved invention is an obvious variant of the original invention, then the patent examiner will issue an obviousness-type double patenting rejection
- [Deepfake Regulation: It May Just Happen](https://garson-law.com/deepfake-regulation-it-may-just-happen/) - Proposed deepfake regulation will, in effect, create a federal right to control one's likeness – we will continue to follow the progress of this legislation.
- [Cannabis Rescheduling: Over 43,000 Weigh In](https://garson-law.com/cannabis-rescheduling-over-43000-weigh-in/) - Possession and sale of cannabis is illegal under U.S. federal law despite the fact that 38 states have legalized medical cannabis.
- [Ask Dr. Copyright® About Coffee](https://garson-law.com/ask-dr-copyright-about-coffee/) - Under the Hawaiian Coffee Labeling Act all coffee products carrying a Hawai'i geographical reference must include the disclosure of the location.
- [IP Protection of Psychedelics](https://garson-law.com/ip-protection-of-psychedelics/) - IP protection for psychedelics and psychedelic related compounds shares many challenges with patenting any life sciences technology.
- [Who is an ‘Inventor'?](https://garson-law.com/who-is-an-inventor/) - The USPTO has issued guidance to its patent examiners on how to deal with who is an inventor and with inventions that are created using artificial intelligence.
- [Marketing the Olympics – Stay Out of Trouble](https://garson-law.com/marketing-the-olympics-stay-out-of-trouble/) - If you are considering marketing Olympics related merchandise stay away from using images or videos of the Olympic games to avoid copyright infringement.
- [Post a Photograph to Social Media and License it to the World?](https://garson-law.com/post-a-photograph-to-social-media-and-license-it-to-the-world/) - Posting photos on social media can result in global licensing. Understand the legal aspects of posting your work online and safeguard your creative work.
- [Ask Dr. Copyright® About 'Surname' Trademarks](https://garson-law.com/ask-dr-copyright-about-surname-trademarks/) - The USPTO refused the trademark registration of "Trump too Small", because it identifies “a particular living individual” without their consent.
- [Nibbled to Death by Ducks](https://garson-law.com/nibbled-to-death-by-ducks/) - The CTA requires that each ‘reporting company’ report and update the name, address, and taxpayer ID number of its ‘beneficial owners.’
- [Chili Crunch Gives Momofuku Heartburn](https://garson-law.com/chili-crunch-gives-momofuku-heartburn/) - Policing trademarks is as important as registering them
- [Trademark Specimens for Complex Goods Are Not So Simple](https://garson-law.com/trademark-specimens-for-complex-goods-are-not-so-simple/) - For goods, a specimen must be more than a mere advertisement and for complex industrial products, the applicant must submit more than just a webpage.
- [Cannabis Scheduling and Rescheduling: Another Long Strange Trip - Part II](https://garson-law.com/cannabis-scheduling-and-rescheduling-another-long-strange-trip-part-ii/) - See what the DOJ's proposed rescheduling of cannabis to Schedule III could have on patenting and the cannabis industry, if any.
- [Welcome Gretchen L. Temeles, Ph.D., J.D.](https://garson-law.com/welcome-gretchen-l-temeles-ph-d-j-d/) - Please welcome our new partner, Gretchen L. Temeles, Ph.D., J.D. Gretchen's experience will greatly compliment our patent prosecution and related practice.
- [Policing Trademarks is Important but Have We Gone Too Far?](https://garson-law.com/policing-trademarks-is-important-but-have-we-gone-too-far/) - Policing your trademarks is as important as registering them. Policing requires that you monitor the world of commerce to insure that others are not using your marks -- or confusingly similar marks --- and, if so, that you take immediate action against the infringers.
- [Horror Retail Meets Copyright Law](https://garson-law.com/horror-retail-meets-copyright-law/) - Policing your trademarks is just as important as registering them. Be sure to monitor the world of commerce to ensure that others are not stealing your IP.
- [Major Change for Designers and Design Patent Owners](https://garson-law.com/major-change-for-designers-and-design-patent-owners/) - Major change is afoot for designers and design patent owners after the Federal Circuit court issued the LKQ v GM decision last week.
- [Why Perform a Trademark Search?](https://garson-law.com/why-perform-a-trademark-search/) - Before registering your trademark, you want to conduct a trademark search to ensure that no one else has registered that mark or something similar.
- [Cannabis Scheduling and Rescheduling: Part I](https://garson-law.com/cannabis-scheduling-and-rescheduling-part-i/) - Attorney Gretchen Temeles discusses the scheduling and rescheduling of the continuously growing cannabis industry in her recent article.
- [Viacom v. YouTube: The Saga Continues](https://garson-law.com/viacom-v-youtube-the-saga-continues/) - See the start of the issues with DMCA and YouTube - In 2008, Viacom filed a huge lawsuit against YouTube, claiming serious copyright infringement violations.
- [Protecting Recipes -- A Cooking Lesson in Futility](https://garson-law.com/protecting-recipes-a-cooking-lesson-in-futility/) - Protecting recipes with traditional intellectual property tools is hard - this is why trade secrets are so common. Find out here if you can copyright a recipe.
- [How to Pick a Trademark that Won't be Rejected by the Patent and Trademark Office](https://garson-law.com/how-to-pick-a-trademark-that-wont-be-rejected-by-the-patent-and-trademark-office/) - Selecting a registrable trademark is not straight forward. A strong trademark is unique, fanciful or suggestive, and does not conflict with other trademarks.
- [Design Patents – What is comparison prior art?](https://garson-law.com/design-patents-what-is-comparison-prior-art/) - Two designs are substantially the same if the resemblance between them deceives an ordinary observer, inducing him to purchase one supposing it to be the other.
- [Ask Dr. Copyright © About Non-Competes](https://garson-law.com/ask-dr-copyright-about-non-competes/) - The Federal Trade Commission has found that non-compete agreements are anti-competitive and deemed to be an illegal restraint of trade.
- [Victory for Tattoo Artists](https://garson-law.com/victory-for-tattoo-artists/) - Award-winning photographer who created an iconic portrait of the world-famous jazz musician Miles Davis, sues Kat Von D for copyright infringement.
- [Ask Dr. Copyright  -- He tackles the Basics!](https://garson-law.com/ask-dr-copyright-he-tackles-the-basics/) - Oftentimes our questions are complicated - Dr. Copyright is now going back to the basics. Learn about copyright law with these basic copyright questions.
- [Ask Dr. Copyright -- Music for Political Purposes](https://garson-law.com/ask-dr-copyright-music-for-political-purposes/) - Unless use of a protected work is either excused as "fair use" or done with permission, then it is deemed an infringement even if used for political purposes.
- [APPLE v SAMSUNG - Design Patent Law Moves Closer to Trademark Law](https://garson-law.com/apple-v-samsung-design-patent-law-moves-closer-to-trademark-law/) - The Apple v Samsung case blurs the distinction between trademark and design patent law and potentially will ease the burden enforcing your patent.
- [But Mom, Why is the Spider-Man Costume So Expensive?](https://garson-law.com/but-mom-why-is-the-spider-man-costume-so-expensive/) - Price differences between generic costumes and name-brand Halloween costumes may be attributed to what intellectual property lawyers call "BRAND VALUE".
- [Non-Fungible Tokens Revisited](https://garson-law.com/non-fungible-tokens-revisited/) - The USPTO and the U.S. Copyright Office just released their joint report to Congress on "Non-Fungible Tokens and Intellectual-Property"
- [Too ‘Obvious’ for a Design Patents?](https://garson-law.com/too-obvious-for-a-design-patents/) - Design patent ‘obviousness’ involves combining two or more earlier designs to create the later design, rendering the later design ‘obvious’ and not patentable.
- [Ask Dr. Copyright © About Innovation](https://garson-law.com/ask-dr-copyright-about-innovation/) - Apple excels at both sides of the innovation equation, and hasfor a very long time. The Doc has first-hand knowledge about the history of Apple innovation.
- [When and Why are Inventions ‘Obvious’](https://garson-law.com/when-and-why-are-inventions-obvious/) - USPTO has issued guidance to patent examiners on how they should make decisions regarding whether or not an invention is obvious.
- [Ask Dr. Copyright © About Infringement](https://garson-law.com/ask-dr-copyright-about-infringement/) - Dr. Copyright discusses the IP rights of stuffed animals and how a person can tell if one plush toy infringes the copyright of another plush toy.
- [Ask Dr. Copyright © About Genericized Trademarks](https://garson-law.com/ask-dr-copyright-about-genericized-trademarks/) - Trademarks that become a victim of their own success by becoming generic. Learn more about genericized trademarks.
- [3 Things First Time Inventors Should Know](https://garson-law.com/things-first-time-inventors-should-know/) - In honor of National Inventors Day, here are 3 things that first-time inventors should know when dealing with trademarks.
- [Trader Joe's and the Long-Arm Reach of the Lanham Act](https://garson-law.com/trader-joes-and-the-long-arm-reach-of-the-lanham-act/) - Trader Joe's was forced to file trademark infringement against "Pirate Joe's" – all thanks to the Lanham Act.
- [When the Supreme Court Changes the law, does the law really change?](https://garson-law.com/when-the-supreme-court-changes-the-law-does-the-law-really-change/) - When does the law change when the US Supreme Court makes a decision
- [The Shop Safe Act of 2020 - the Remedy We've Been Looking For?](https://garson-law.com/the-shop-safe-act-of-2020-the-remedy-weve-been-looking-for/) - Legislators announced the “Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2020” (The Shop Safe Act of 2020).
- [Taylor Swift's Turn to Capitulate (Sort of...)](https://garson-law.com/taylor-swifts-turn-to-capitulate-sort-of/) - Taylor Swift and Firefly Entertainment, Inc., worked out a more acceptable Photo Authorization contract in response to the photography community's gripes.
- [When is a Defense not a Defense?](https://garson-law.com/now-for-a-riddle-when-is-a-defense-not-a-defense/) - Laches defense not applicable to suits filed within statute of limitations.
- [Momentum in Congress Builds for... Something](https://garson-law.com/momentum-in-congress-builds-for-something/) - These judicial 'exceptions' to patentability have caused substantial confusion and uncertainty, particularly in the tech and life sciences industries.
- [Is There Light on the Horizon?](https://garson-law.com/is-there-light-on-the-horizon/) - Amici brief argues that SCOTUS' test for subject matter patent eligibility has created ‘a chaotic state of affairs’ The horizon of which inventions are patentable, that is. For the last decade or so, the Supreme Court has been steadily excluding one technology after another from patent protection. The recent series of cases started in 2010 with Bilski v Kappos, which determined that a method of hedging utility fuel prices was not patentable. Then the
- [I’m as Mad as Hell and I'm Not Gonna Take it Anymore!*](https://garson-law.com/im-as-mad-as-hell-and-im-not-gonna-take-it-anymore/) - ‘It’ being the nonsensical state of U.S. patent eligibility, that is. Over the last decade or so the U.S. Supreme Court has restricted the patentability of numerous inventions as ‘abstract’ or ‘laws of nature,’ including business techniques (Bilski v Kappos), medical inventions (Mayo v Prometheus), biotech inventions (Myriad Genetics), and computer software (Alice v
- [Trade Dress: Where Patents and Trademarks Converge](https://garson-law.com/trade-dress-where-patents-and-trademarks-converge/) - Trade dress protects a product's unique design, look and feel. Learn more about the crossover between trademarks and patents, and how it can help protect your design.
- [Posting Images on Flickr:  Is it Publication?](https://garson-law.com/posting-images-on-flickr-is-it-publication/) - The copyright act and case law suggest that posting images to flickr is publication for copyright purposes.
- [It’s Official - Patent Examiner Interviews are Effective](https://garson-law.com/its-official-patent-examiner-interviews-are-effective/) - After the patent examiner issues a decision (an ‘office action’) on a patent application, the applicant has the right to an ‘interview’ with the examiner. The interview can be in person, by video or by telephone. During Covid-19, in-person interviews are out, but video and telephone interviews are available. In the interview, the applicant can
- [Don't Mess with Texas](https://garson-law.com/dont-mess-with-texas/) - In short, what Switzerland was for banking, the Eastern District of Texas became for patent plaintiffs. Learn more what that means in this article.
- [Ask Dr. Copyright -- New Venue Decision for Patent Infringement Cases](https://garson-law.com/ask-dr-copyright-new-venue-decision-for-patent-infringement-cases/) - Patent Infringement Cases in Marshall Texas - Supreme Court reverses the CAFC's long-standing practice permitting venue over domestic corporations...
- [Ask Dr. Copyright -- Artificial Intelligence and Copyright Ownership](https://garson-law.com/ask-dr-copyright-artificial-intelligence-and-copyright-ownership/) - Copyright has long required that a work of authorship be original, and if it's just a computer program and data it's hard to call what happens "original"
- [Ask Dr. Copyright... Did China copy the Frozen song for the Olympics?](https://garson-law.com/ask-dr-copyright-16-2/) - In the bid the 2020 Winter Olympics the song China used was very similar to the "Let it Go" song from Disney's Frozen... is that copyright infringement?
- [Marijuana Madness](https://garson-law.com/marijuana-madness/) - While federal trademarks for cannabis related products are not available, California is permitting them. Other states may follow.
- [Breaking Trademark News in March 2023: Gruyere is Just Cheese and Jack Daniel's Continues to Claim It's Not Dog Poop](https://garson-law.com/breaking-trademark-news-in-march-2023-gruyere-is-just-cheese-and-jack-daniels-continues-to-claim-its-not-dog-poop/) - The Circuit Court affirms that the term Gruyere is generic and Jack Daniel's argues its case to SCOTUS
- [Art Imitates Life or Does It?](https://garson-law.com/art-imitates-life-or-does-it/) - So, are a television studio's infringements actually protected by the First Amendment? Why does it need to do ip clearance, then? Why have a disclaimer?
- [Ask Dr. Copyright© Protecting a Cookie](https://garson-law.com/ask-dr-copyright-pocky/) - Protecting a food item such as a cookie is a more complex process than you may think – here are the ways you can trademark a cookie.
- [Ask Dr. Copyright © About AI in Movies](https://garson-law.com/ask-dr-copyright-about-ai-in-movies/) - The NOFAKES Act is being cosponsored by Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC).
- [With Sincere Admiration](https://garson-law.com/with-sincere-admiration/) - This month marks a milestone in our Firm’s history, as Larry Weinberger, one of our founding partners, retires from active practice.
- [Patents of the New Year (the new year of 1836, that is)](https://garson-law.com/patents-of-the-new-year/) - 1836 was a big year for the United States patent system – including the new patent numbering system and starting to actually examine patent applications.
- [Humanism](https://garson-law.com/humanism/) - Attorney Robert Yarbrough shares a remarkable essay from Dennis Crouch of the PatentlyO blog.
- [Ask Dr. Copyright © About Dance](https://garson-law.com/ask-dr-copyright-about-dance/) - The 1976 Copyright Act (17 U.S.C. §101) expanded protection for dance by adding “choreographic works” as eligible for copyright protection.
- [That Patent Looks Exhausted!](https://garson-law.com/that-patent-looks-exhausted/) - Once a product is sold by the patent owner, then the product is in commerce and the patent law does not restrict its further sale or use
- [Eagles Promote the "Brotherly Shove" and So Does Everyone Else](https://garson-law.com/eagles-promote-the-brotherly-shove-and-so-does-everyone-else/) - To Philadelphia Eagles promote the "Brotherly Shove", a re-engineered quarterback sneak where the offensive linemen pack themselves at the line of scrimmage.
- [Ask Dr. Copyright about Podcasts](https://garson-law.com/ask-dr-copyright-about-podcasts/) - Can you play copyrighted music on your podcast? Podcast authors should pay close attention to intellectual property rights.
- [Keeping the Cat In the Bag When Filing a Trademark Application](https://garson-law.com/trademark-filing-secrecy-dummy-corporation/) - If trademark secrecy is important to your company's marketing strategy, then filing a trademark application is not an act to be taken lightly.
- [Ask Dr. Copyright - Reversionary Rights](https://garson-law.com/ask-dr-copyright-reversionary-rights/) - The statutory right to terminate a copyright grant after 35 years was to protect creators from corporate greed and mismanagement.
- [Ask Dr. Copyright About Salting](https://garson-law.com/ask-dr-copyright-about-salting/) - Genius suspected that Google was copying lyrics without giving credit, thus depriving Genius of ad revenues. It decided to salt lyrics with apostrophe symbols.
- [And the Award for Patent Troll of the Year Goes to…  Caltech?](https://garson-law.com/and-the-award-for-patent-troll-of-the-year-goes-to-caltech/) - Caltech won a jury verdict against Apple and Broadcom for $1.1 billion for infringement of WiFi technology patents owned by Caltech.
- [Ask Dr. Copyright © About Taylor Swift](https://garson-law.com/ask-dr-copyright-about-taylor-swift/) - In music copyright, there are many separable rights: the recording itself, the score, the lyrics, the arrangement, and so forth
- ["Everybody vs. Racism" is a Nice Sentiment, but is it a Trademark?](https://garson-law.com/everybody-vs-racism-is-a-nice-sentiment-but-is-it-a-trademark/) - The source requirement is determined by "how the mark is used in the marketplace and how it is perceived by consumers."
- [USPTO Creates a New Design Patent Bar](https://garson-law.com/uspto-creates-a-new-design-patent-bar/) - The USPTO is creating new categories of attorneys and agents to represent others specifically relating to design patents and design patent applications
- [Brewers -- Get It Right the First Time!](https://garson-law.com/brewers-get-it-right-the-first-time/) - Brewers - If you aren't confident that you have rights to your brands, you may have to choose other craft beer trademarks and resubmit all your filings.
- [Unannounced Seizure - The Ultimate Protection](https://garson-law.com/unannounced-seizure-the-ultimate-protection/) - The Defend Trade Secrets Act (DTSA) provides a right for the trade secret owner to ask the court for an ex parte seizure order to seize property.
- [Hang Tags and Neck Labels: How to Or Not to Trademark Your T-Shirt Designs](https://garson-law.com/hang-tags-and-neck-labels-how-to-or-not-to-trademark-your-t-shirt-designs/) - Protect your T-shirt brand with a trademark. Learn how to register a trademark for your unique designs and secure your place in the fashion world.
- [Ask Dr. Copyright © About Judge Newman](https://garson-law.com/ask-dr-copyright-about-judge-newman/) - Dear Doc:The United States Constitution provides, in Article III, that, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.” How, then, is it legal for Judge Pauline
- [X-treme Rebranding Part II: A Case of Reverse Confusion](https://garson-law.com/x-treme-rebranding-part-ii-a-case-of-reverse-confusion/) - "reverse confusion" occurs whenever the junior user of a trademark dominates the market
- [USPTO’s ‘First-Time Filer Expedited Examination Pilot Program’](https://garson-law.com/usptos-first-time-filer-expedited-examination-pilot-program/) - The U.S. Patent and Trademark Office (USPTO) has a has created a new "first-time filer expedited examination pilot program"
- [Trypanophobia](https://garson-law.com/trypanophobia/) - Rani Therapeutics owns multiple patents and applications for technology to overcome trypanophobia, or fear of needles.
- [PSILOCYBIN Gets a Trademark Registration But is it a Trademark?](https://garson-law.com/psilocybin-gets-a-trademark-registration-but-is-it-a-trademark/) - Registering the name of an active ingredient is not really a trademark – see why with the attempt at the psilocybin trademark.
- ["Reverse Confusion": Don't Be Confused](https://garson-law.com/reverse-confusion-dont-be-confused/) - Reverse confusion may have serious consequences by foreclosing the senior user from expanding its business.
- [Are Watermelons Functional?](https://garson-law.com/are-watermelons-functional/) - A trademark applicant must demonstrate that the trade dress is non-functional, -- it cannot be essential to the product or service's intended function.
- [Ask Dr. Copyright © About The Prince Returns (No, not THAT Prince!)](https://garson-law.com/ask-dr-copyright-about-the-prince-returns-no-not-that-prince/) - Dear Doc:I heard that “appropriation artist” Richard Prince is again involved in a lawsuit over his theft…uh, “appropriation” of another artist’s photograph. Given the Supreme Court’s decision in the Worhol case about the photograph of Prince, the musician, a few months ago, has anything changed or is Richard Prince still free to swipe anything he
- [Government Shutdown! - What Happens to My Patent Application?](https://garson-law.com/government-shutdown-what-happens-to-my-patent-application/) - USPTO funds its operations through the fees that it collects and generates ‘operating reserves’ in the ‘Patent and Trademark Fee Reserve Fund.
- [Cauliflower Creates Confusion in the Marketplace!](https://garson-law.com/cauliflower-creates-confusion-in-the-marketplace/) - A standard of identity is a definition, which bars other companies from calling products "rice" unless the product adhered to the "standard of identity."
- [The Washington Football Team vs. Trademark Squatters - The Sequel](https://garson-law.com/the-washington-football-team-vs-trademark-squatters-the-sequel/) - On July 13, 2020, the era of the NFL's Washington Redskins ended (following pressure from the public and from corporate sponsors) and a new era began.
- [When is a Design Obvious?](https://garson-law.com/when-is-a-design-obvious/) - In the future it will be difficult to show that factors like commercial success, praise, and actual copying prove non-obviousness of a design patent that, like the Gamon patent, claims only a part of a product.
- [Not So Happy Together: Ninth Circuit Says No Public Performance Rights in Turtles Pre-1972 Recordings](https://garson-law.com/not-so-happy-together-ninth-circuit-says-no-public-performance-rights-in-turtles-pre-1972-recordings/) - California, like Florida and New York, did not recognize public performance rights for pre-1972 sound recordings.
- [How Do I Register My Trademark in a Foreign Country? Part I](https://garson-law.com/how-do-i-register-my-trademark-in-a-foreign-country/) - For US applicants there are essentially two methods for obtaining and registering a trademark in a foreign country: national filing or Madrid Protocol
- [Just How Much Can an Artist Appropriate and Get Away With  -- Plenty!](https://garson-law.com/appropriation-artist-law/) - There is no legal requirement that the secondary use must comment upon the original work to qualify as fair use even if the use "serves some purpose other than those" cited by the statute.
- [If Artificial Intelligence is the Inventor, Who Gets the Patent?](https://garson-law.com/if-artificial-intelligence-is-the-inventor-who-gets-the-patent/) - In Australia and South Africa the owner of the AI tool will be the patent owner. Anywhere else (if the trend continues) there will be no patent to own.
- [How Do I Register My Trademark in a Foreign Country? Part II](https://garson-law.com/how-do-i-register-my-trademark-in-a-foreign-country-part-ii/) - For a U.S. applicant seeking to extend protection of its trademark to another country, what are the pros and cons of using one system over the other?
- [Necessity is the Mother of… Too Late for That.](https://garson-law.com/necessity-is-the-mother-of-too-late-for-that/) - The Heyphone is a low-frequency radio specifically designed for communication underground, where higher-frequency radio does not work.
- [Covid and Patents](https://garson-law.com/covid-and-patents/) - Should the Covid vaccines be set free in the world, so that everyone can gain immunity? Few would argue that’s a bad idea, since more variants may arise in under-vaccinated populations, those variants will undoubtedly spread to us, and those variants may be resistant to our vaccines. But what about the rights of the creative
- [When is a Chair just a Chair?](https://garson-law.com/when-is-a-chair-just-a-chair/) - When is a chair just a chair (and not a trademark)? Herman Miller tried to trademark a chair design that needed "functionality" to avoid trademark "misuse".
- [Blowing Your Mind and Your Trademark!](https://garson-law.com/blowing-your-mind-and-your-trademark/) - Psychedelic substances are illegal Schedule 1 drugs under federal law. If the trademark application relates to use of an illegal drug, it won't be approved.
- [Cheese and Chips: On the Vanguard of Quality Control](https://garson-law.com/cheese-and-chips-on-the-vanguard-of-quality-control/) - Geographical indicationowners are using cutting edge technology to protect their brands
- [It's Not the 1960's Anymore - ZKITTLEZ](https://garson-law.com/its-not-the-1960s-anymore/) - Playful branding will not only cost cannabis companies money but may also endanger public safety. The story of ZKITTLEZ and cannabis trademarks.
- [Counterfeiters On Your Property? Don't Turn a Blind Eye](https://garson-law.com/counterfeiters-on-your-property-dont-turn-a-blind-eye/) - Don't rent property to counterfeiters and if you know that counterfeiting activities are taking place don't turn a blind eye
- [Ask Dr. Copyright © About Binding Contracts with the Thumbs UP](https://garson-law.com/ask-dr-copyright-about-binding-contracts-with-the-thumbs-up/) - The thumbs-up emoji constituted an “action in an electronic form” that can be treated as acceptance of the contract.
- [Ask Dr. Copyright about the Public Domain](https://garson-law.com/ask-dr-copyright-about-the-public-domain/) - Dr. Copyright explains how you can know if a book or other work is still protected by copyright, or if it's fallen into the "public domain".
- [Moral Rights and Landlord - Tenant Disputes](https://garson-law.com/moral-rights-and-landlord-tenant-disputes/) - The Visual Artists Rights Act, the US version of "Moral Rights" can protect artists whose works are destroyed even in landlord-tenant disputes
- [Ask Dr. Copyright About "Deep Fakes"](https://garson-law.com/ask-dr-copyright-about-deep-fakes/) - Know about deep fakes, so that, like fake news, you know that you're being fed lies by both social media and what passes for legitimate media.
- [Why Not Fib to the Patent Examiner?](https://garson-law.com/why-not-fib-to-the-patent-examiner/) - You and your patent attorney have a ‘duty of candor' to the USPTO
- [Investment Banking and Whiskey: A Short Tale of Related Products](https://garson-law.com/investment-banking-and-whiskey-a-short-tale-of-related-products/) - Goods or services need only be related in some manner and/or the circumstances surrounding their marketing give rise to the mistaken belief that they emanate from the same source
- [The Case for Abstract Trademarks; and, No, Descriptive Trademarks are Not the Best Trademarks](https://garson-law.com/the-case-for-abstract-trademarks-and-no-descriptive-trademarks-are-not-the-best-trademarks/) - Anybody who has tried will agree that choosing a trademark for your product or service isn't easy. Yes, you have to choose the right mark but then you have to make sure that nobody else has made the same (or similar) choice. More often than not, you discover truth in the adage that there's no
- [Trade Secret Litigation Comes to Psychedelics](https://garson-law.com/trade-secret-litigation-comes-to-psychedelics/) - Patents are not the only way to protect valuable ideas. Trade secrets can be quite valuable, particularly in crowded fields in which the active pharmaceutical ingredient is well known.
- [The Largest Patent Infringement Judgement in U.S. Not a Judgement](https://garson-law.com/the-largest-patent-infringement-judgement-in-u-s-not-a-judgement/) - Question: When is the Largest Patent Infringement Judgement in U.S. History Not a Judgement? Answer: When the judge’s wife owns $5,000 worth of stock in the infringer! The amount at stake was $2.75 Billion. That’s Billion, with a ‘B,’ the largest patent infringement judgement in U.S. history. The parties were Centripetal Networks, Inc., the patent owner,
- [Reverse Troll](https://garson-law.com/reverse-troll/) - IPR presents a business opportunity
- [Click-Pop-Swish -- No License Required!](https://garson-law.com/click-pop-swish-no-license-required/) - If one wants to register the sound of a beer can opening, the trademark applicant must claim that the sound created by its canned beer is distinctive.
- [Dog Poo Redux](https://garson-law.com/dog-poo-redux/) - Whether humorous use of another’s trademark as one’s own is subject to the Lanham Act’s likelihood-of-confusion analysis, or instead receives heightened First Amendment protection
- [The Unabated Deluge of Chinese Trademark Applications](https://garson-law.com/the-unabated-deluge-of-chinese-trademark-applications/) - The sheer weight of Chinese Trademark applications has profound effects on the speed at which the USPTO can examine trademark applications.
- [France.com v. France: Sovereign Immunity Meets Trademark Law](https://garson-law.com/france-com-v-france-sovereign-immunity-meets-trademark-law/) - See how sovereign immunity played a key role in the decision in France v. France.com, a trademark case brought about by the use of geographic terms.
- [New Year, New Beginnings](https://garson-law.com/new-year-new-beginnings/) - From its inception, the U.S. patent system encouraged inventors to spend time, treasure and energy to identify and solve problems.
- [Is Wisconsin Gruyere Really Gruyere or is it Just Cheese?](https://garson-law.com/is-wisconsin-gruyere-really-gruyere-or-is-it-just-cheese/) - Geographical indications (GIs) are protected by international treaty as well as trademark. See why this group of cheesemakers could not protect their cheese.
- [Marketing a Cannabis Product? Words (and Use) Matter.](https://garson-law.com/marketing-a-cannabis-product-words-and-use-matter/) - Trademark applicants beware... Obtaining a trademark for cannabis or other regulated goods requires care when drafting descriptions of goods and services.
- [CBD Redux – CBD in Food](https://garson-law.com/cbd-redux-cbd-in-food/) - if you plan on selling a CBD containing food product federal trademark rights are not available until the FDA has approved it.
- [Breaking News: Trademark Issued for the Word "THE"](https://garson-law.com/breaking-news-trademark-issued-for-the-word-the/) - Copyright consists of a bundle of rights, and the Copyright Act itself defines a “Copyright Owner” as the owner of “particular right.” (§ 101). In this sense, “copyright” is a noun, used to identify a right of ownership; it is not a verb. A trademark, on the other hand, is not a noun, nor a
- [Submarine Trademarks](https://garson-law.com/submarine-trademarks/) - In the United States, trademark applications are public disclosures from which you can learn some very important competitive information. A trademark application will reveal: 1. The identity of the owner of the trademark, and2. the nature of the goods and services to be identified by the trademark A U.S. filed trademark application is, in effect, a
- [Words are Important to Your Patent](https://garson-law.com/words-are-important-to-your-patent/) - The claims of a patent are composed of words and words determine whether an infringer infringes - words, therefore, are important.
- [Cease and Desist Letters - What Would Bill Murray Do?](https://garson-law.com/cease-and-desist-letters-what-would-bill-murray-do/) - Lawyers, don't discount the tangible benefits of a kinder approach to cease and desist letters – take it from Bill Murray and the Doobie Brothers.
- [Patent Bullet Dodged, Thanks to The Supreme Court](https://garson-law.com/patent-bullet-dodged-thanks-to-the-supreme-court/) - All claims must meet the ‘enablement’ requirement; namely, the application must have enough information to teach how to make and use the invention
- [USPTO Warns of Scammers Targeting Patent Owners](https://garson-law.com/uspto-warns-of-scammers-targeting-patent-owners/) - This month the USPTO warned of scam telephone attacks on patent owners. The scammers spoof USPTO phone numbers so the call appears to come from the USPTO. The scammers pretend to be USPTO employees and ask the patent owner to pay fees over the phone or for personal information. The USPTO warns that it does
- [SCOTUS Decides the Jack Daniel's Dog Poop Case: No Jokes, Just Basic Trademark Principles](https://garson-law.com/scotus-decides-the-jack-daniels-dog-poop-case-no-jokes-just-basic-trademark-principles/) - The U.S. Supreme Court has rendered only 15 trademark opinions since 1924. So, it is always noteworthy when the Court considers a trademark case. This term, as we anticipated, the Court rendered its decision in the Jack Daniel's trademark infringement case. We've been following this case since 2020 so you may recall the facts but here's a refresher: VIP Products (“VIP”) sells,
- [Shady Manipulation of the Patent Trial and Appeal Board](https://garson-law.com/shady-manipulation-of-the-patent-trial-and-appeal-board/) - Don’t believe for a minute that the PTAB is in any way independent. Despite the judicial trappings, it is an arm of USPTO management
- [X-treme Rebranding](https://garson-law.com/x-treme-rebranding/) - Does Elon Musk or his company own a trademark application or registration for X?
- [Sometimes a Bargain Isn’t](https://garson-law.com/sometimes-a-bargain-isnt/) - Costs of patenting using a professional patent attorney are a small part of the cost of launching a new product.
- [Can Shein Weather the Latest Storm? Or is it a Tempest in a Teapot?](https://garson-law.com/can-shein-weather-the-latest-storm-or-is-it-a-tempest-in-a-teapot/) - Will copyright infringement plaintiffs go the distance and attempt to obtain a judgment against Shein or will they simply settle the case
- [Ask Dr. Copyright © (or is it???)](https://garson-law.com/ask-dr-copyright-or-is-it/) - It seems that all anyone wants to talk about now is artificial intelligence. Are there copyright issues with AI?
- [Ask Dr. Copyright © About the Times Square Ball Drop](https://garson-law.com/ask-dr-copyright-about-the-times-square-ball-drop/) - One question the Doc has is whether the Times Square Ball may properly be copyrighted, since copyright protects expression and not function.
- [Paparazzi Find a New Profit Center](https://garson-law.com/paparazzi-find-a-new-profit-center/) - When it comes to copyright infringement, many celebrities believed they had ownership rights over unlicensed photographs of themselves – this isn't the case.
- [Ask Dr. Copyright © About IP Licensing](https://garson-law.com/ask-dr-copyright-about-ip-licensing/) - IP licensing is a complex area of business and of the law. Here is a complete overview of the nuances of intellectual property licensing.
- [Fair Use or Infringement -- So Sorry](https://garson-law.com/fair-use-or-infringement-so-sorry/) - Is experimenting with an unlicensed mix -- but not publishing it -- fair use or infringement?
- [Star Trek Copyright - Where No Court Has Gone Before](https://garson-law.com/star-trek-copyright-where-no-court-has-gone-before/) - Star Trek copyright case – The court analyzed the extent to which the characters captured the "total concept and feel" of other characters in the author's work.
- [Ask Dr. Copyright About Border Protection](https://garson-law.com/ask-dr-copyright-about-border-protection/) - Customs and Border Protection says (and courts have agreed) that it may operate anywhere within 100 miles of a United States external boundary.
- [Ask Dr. Copyright About Using Online Images](https://garson-law.com/ask-dr-copyright-about-using-online-images/) - The best way to avoid copyright infringement is not to infringe a copyright. Assume all images are subject to copyright when using online images.
- [Bloggers, Register Your Copyrights Now!](https://garson-law.com/bloggers-register-your-copyrights-now/) - In June, 2020 the CO issued regulations permitting the registration of multiple short online literary works in one registration. Bloggers – copyright your blog.
- [Ask Dr. Copyright © About AI](https://garson-law.com/ask-dr-copyright-about-ai/) - An artist's style is not protected under existing copyright laws, leaving a kind of loophole that AI image-generators can exploit
- [Register Your Copyrights and Trademarks with the Department of Homeland Security](https://garson-law.com/register-your-copyrights-and-trademarks-with-the-department-of-homeland-security/) - Where Should I Register my Copyrights and Trademarks? Register your Copyright and Trademark with the Department of Homeland Security.
- [Trading Places - China and the U.S. - Patents](https://garson-law.com/trading-places-china-and-the-u-s-patents/) - China's Patent System is Developing at a faster rate than that of the United States. The statistics tell the story.
- [Is Google Guilty of "Genericide"?](https://garson-law.com/is-google-guilty-of-genericide/) - Genericide occurs when the public appropriates a trademark and uses it as a generic name for particular types of goods or services irrespective of its source.
- [Ask Dr. Copyright about Postage Stamps, Public Artworks and Copyright Infringement](https://garson-law.com/ask-dr-copyright-about-postage-stamps-public-artworks-and-copyright-infringement/) - Postage Stamps, Public Artworks and Copyright Infringement - Photographic copying of a public architectural work constitutes copyright infringement.
- [When Will a Court Order a Patent Infringer to Stop Infringing?](https://garson-law.com/when-will-a-court-order-a-patent-infringer-to-stop-infringing/) - The effect of copying a patented feature on sales is hard to prove. The Fed. Cir. has recently opened the door to allow patent infringement injunctions.
- [Ask Dr. Copyright© About  the "Right to Repair"](https://garson-law.com/ask-dr-copyright-about-the-right-to-repair/) - Right to repair advocates argue that anyone should have access to the original equipment manufacturer’s parts, manuals, and software needed for repairs.
- [Ask Dr. Copyright © About Online Linking](https://garson-law.com/ask-dr-copyright-about-online-linking/) - Judge Rakoff determined that, “The server rule is contrary to the text and legislative history of the Copyright Act.”
- [Ask Dr. Copyright © About the Difference Between an Intellectual Property Attorney and a Patent Attorney](https://garson-law.com/ask-dr-copyright-about-the-difference-between-an-intellectual-property-attorney-and-a-patent-attorney/) - a Registered Patent Attorney is an Intellectual Property Attorney, but the converse may not be true.
- [Ask Dr. Copyright © About the Copyright Claims Board](https://garson-law.com/ask-dr-copyright-about-the-copyright-claims-board-2/) - Many individual authors, artists, performers, and others who hold copyrights will benefit from having a simple forum for vindication of their IP rights.
- [Ask Dr. Copyright © About Art](https://garson-law.com/ask-dr-copyright-about-art/) - It seems that duct taping fruit to a wall or other surface is now considered “art” by some of the cognoscenti and a certain conceptual artist, Joe Morford, duct taped a realistic plastic orange and banana to green boards and called it “art” in 2001.
- [Congress Considers Copyright Protection for Fashion Designs](https://garson-law.com/congress-considers-copyright-protection-for-fashion-designs/) - The proposed legislation amends Chapter 13 of the Copyright Act, which offers design protection to a single category of useful articles, the design of boat hulls. Under current law, fashion designs are deemed "useful articles," defined by the Copyright Act as "an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information."
- [Lamps, Belt Buckles, and Hookahs -- the Limits of Copyright Protection](https://garson-law.com/lamps-belt-buckles-and-hookahs-the-limits-of-copyright-protection/) - Glass pipes are works of art but is the artistic work physically or conceptually separable from the utilitarian nature of the piece.
- [Ask Dr. Copyright © About Fair Use](https://garson-law.com/ask-dr-copyright-about-fair-use/) - If the purpose of the allegedly purloined work is the same as the original. If it is, then there you go…it’s just not fair use!
- [Long-Arm Reach of U.S. Trademark Law](https://garson-law.com/long-arm-reach-of-u-s-trademark-law/) - What if you are a U.S. company exporting goods abroad and your mark is infringed by one of your foreign customers? Does the Lanham Act apply to the lawsuit?
- [<strong>Ask Dr. Copyright © About Public Domain</strong>](https://garson-law.com/ask-dr-copyright-about-public-domain/) - Just because it is in the public domain does not mean that it is in the “public realm” (meaning that you have access to it)
- [Patents, Trademarks and Copyrights Crucial to U.S. Jobs](https://garson-law.com/patents-trademarks-and-copyrights-crucial-to-u-s-jobs/) - The highest incomes are in copyright-intensive industries followed by utility patent-intensive industries
- [Patentable Subject Matter - The Issue That Will Not Die](https://garson-law.com/patentable-subject-matter-the-issue-that-will-not-die/) - Whether an invention is the sort that can be patented is determined by §101 of the patent statute. That section states: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of
- [The Fable of the Supreme Court and the Beanstalk](https://garson-law.com/organic-seed-growers-trade-association-monsanto/) - The Court concluded that the doctrine of 'patent exhaustion' applies only to a particular patented article sold, in this case each genetically-modified soybean sold by Monsanto. The doctrine allows the farmer to plant or eat soybeans purchased from Monsanto, to grow a crop and to sell the crop.
- [New Copyright Laws - Tougher Enforcement and New "Small Claims Court"](https://garson-law.com/new-copyright-laws-tougher-enforcement-and-new-small-claims-court/) - New Laws: the CASE Act and the Protecting Lawful Streaming Act.
- [My Competitor is Telling the PTO to Deny My Patent Application!  What Can I do?](https://garson-law.com/my-competitor-is-telling-the-pto-to-deny-my-patent-application-what-can-i-do/) - Thanks to the America Invents Act, you'll have to live with it, if your competitor submits the information on time and meets other requirements. As of September 16, 2012, persons who are not the patent applicant can file papers and make arguments to the patent examiner as to why someone else's patent application should be
- [Internet Trends:  Linking is Not Copying (In the 7th Circuit, Anyway)](https://garson-law.com/internet-trends-linking-is-not-copying-in-the-7th-circuit-anyway/) - Here's another Internet copyright conundrum. Assume you have a social networking website where you let users post links or bookmarks to their favorite videos from all over the Internet. To view the videos, a visitor clicks on a link and the video is streamed into a video frame much like you see on YouTube. Many
- [Ask Dr. Copyright © About the Collision Between Trademark and Copyright Law](https://garson-law.com/ask-dr-copyright-about-the-collision-between-trademark-and-copyright-law/) - To avoid a nightmare crossover between trademark and copyright law (like this beverage company), prepare a written contract signed by both parties.
- [Auld Lang Syne and the Public Domain](https://garson-law.com/auld-lang-syne-and-the-public-domain/) - When a work enters the public domain, you are free to copy it word-for-word, make derivative copies, make your own recordings, and do whatever.
- [Ask Dr. Copyright ©  About Copyright Transfers](https://garson-law.com/ask-dr-copyright-about-copyright-transfers/) - See how this photographer lost his case regarding copyright transfers – What you THINK the law says, and what it ACTUALLY SAYS may differ by a country mile!
- [Attorney's Fees: Adding Insult to Injury](https://garson-law.com/attorneys-fees-adding-insult-to-injury/) - Overzealous copyright prosecution coupled with misconduct in court can backfire and cost the plaintiff his opponent's attorney's fees.
- [You Can't Copyright That?](https://garson-law.com/you-cant-copyright-that/) - There are many nuances to copyright law, including what you can and can't protect. Here are examples of items that aren't eligible for copyright protection.
- [Cannabis and Cake: Lessons from the Ninth Circuit](https://garson-law.com/cannabis-and-cake-lessons-from-the-ninth-circuit/) - Cannabis and the Ninth Circuit – see how this opinion from the appellate court affirmed the legality of Delta-8 THC derivatives made from hemp.
- [Ask Dr. Copyright © About Parodies and Fair Use](https://garson-law.com/ask-dr-copyright-about-parodies-and-fair-use/) - The Doc was asked about parodies and fair use – see how this parody theater is legally allowed to imitate another.
- [Employees, Patent Rights and Government Contracts - Who owns that invention?](https://garson-law.com/employees-patent-rights-and-government-contracts-who-owns-that-invention/) - An employee inventor is free to assign an invention made for an employer to someone else unless the invention is already assigned to the employer, even if the research was funded by the Federal government.
- [Elementary, My Dear Watson](https://garson-law.com/elementary-my-dear-watson/) - The question for our society is how we value those things that Watson cannot compute and factor them into our resolution of disputes - dignity, respect, integrity, altrusim.
- [Design Patents – When is an Ornamental Design not Ornamental Enough?](https://garson-law.com/design-patents-when-is-an-ornamental-design-not-ornamental-enough/) - Design is the overall appearance of the manufactured product take as a whole, including the elements of the invention that serve a functional purpose.
- [Copyright Protection for Fashion Designs Revisited (Again)](https://garson-law.com/copyright-protection-for-fashion-designs-revisited-again/) - 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.
- [Beyond Submarine Trademarks: Advanced Trademark Strategies II](https://garson-law.com/beyond-submarine-trademarks-advanced-trademark-strategies-ii/) - Foreign filings can be used to lengthen the period by which the trademark owner is required to show proof of trademark "use" to the USPTO
- [Ask Dr. Copyright © About Working at Home During a Pandemic](https://garson-law.com/ask-dr-copyright-about-working-at-home-during-a-pandemic/) - ABA opinion explains a lawyer's (and by extension, almost any professional’s) responsibilities in terms of the ethical rules of practiceDear Doc:It’s a year into the pandemic, and it seems that most “information workers” are working virtually, while most “essential workers” are still bravely showing up every day. Apart from the unfairness in that, and the fact that if we had all just locked down for several weeks at the start we could have avoided
- [Ask Dr. Copyright © about Intellectual Property Rights During Time of War](https://garson-law.com/ask-dr-copyright-about-intellectual-property-rights-during-time-of-war/) - Dear Doc:I have heard that in times of war, intellectual property may be seized to support the war effort. Is that going to happen to Russia?Signed,Vodka (and Ukraine) Lover Dear Lover: Yes, war can be a messy affair, and that extends all the way to intellectual property rights. During World War I (the “War to Intellectual Property may be seized at times of war
- [Ask Dr. Copyright © About Developments in Fair Use Doctrine](https://garson-law.com/ask-dr-copyright-about-developments-in-fair-use-doctrine/) - SCOTUS has been asked to determine the circumstances under which a work of art is “transformative.”
- [Zombie Detector](https://garson-law.com/zombie-detector/) - Detect the undead
- [Who Owns Your Invention?](https://garson-law.com/who-owns-your-invention/) - Mr. Joyce and his wife subsequently divorced. The wife is now CEO of TechGuard, which still holds the exclusive license to the patent rights and still does not pay Mr. Joyce a royalty. Mr. Joyce is unhappy with his lawyers, who represented both Mr. Joyce and TechGuard at the same time. The bottom line: (a) remember that relationships can change over time; and, (b) make sure that both you and your lawyer understand who your lawyer represents.
- [When Is Computer Software An Unpatentable Mental Process?](https://garson-law.com/when-is-computer-software-an-unpatentable-mental-process/) - The Federal Circuit Court of Appeals in CyberSource v Retail Decisions concluded that a claim to a method for detecting Internet fraud was not patentable.
- [When is a patent owner entitled to 'enhanced damages' for infringement?](https://garson-law.com/when-is-a-patent-owner-entitled-to-enhanced-damages-for-infringement/) - The patent statute provides that a patent owner can collect money damages from an infringer. Section 284 of the statute provides that "...the court may increase the damages up to three times the amount found or assessed." In other words,
- [What is the GDPR and Why Should I Care?  A Brief Summary.](https://garson-law.com/what-is-the-gdpr-and-why-should-i-care-a-brief-summary/) - The GDPR replaced previous EU data protection laws and was drafted to "harmonize data privacy laws across Europe, to protect EU citizens data privacy and to reshape the approach data privacy."
- [What Happens If the Lights Go Out at the PTO?](https://garson-law.com/what-happens-if-the-lights-go-out-at-the-pto/) - On December 22 the PTO experienced what it called a 'catastrophic failure' of the electronic patent and trademark filing
- [What Happened to My Trademark Application?](https://garson-law.com/what-happened-to-my-trademark-application/) - If you find yourself wondering, "what happened to my trademark application?", then you are in the right place.
- [What Happened to Google Street View?](https://garson-law.com/what-happened-to-google-street-view/) - Google sued in federal court over street view
- [USPTO Fixes Some of the Problems with the PTAB](https://garson-law.com/uspto-fixes-some-of-the-problems-with-the-ptab/) - The USPTO has issued new 'standard operating procedures' for the PTAB to address the Board-packing issue.
- [Trademark Disputes Can Be So Sweeeet!](https://garson-law.com/trademark-disputes-can-be-so-sweeeet/) - A trademark dispute between the Hershey Company and Mars Inc. over whether Mars had trademark rights in the cross-section of its Snickers candy bar.
- [Trademark Deception and Misdescription](https://garson-law.com/trademark-deception-and-misdescription/) - Did you know that trademark deception may cause your trademark to be refused? Read about the intricacies of this trademark law to ensure your trademark is accepted.
- [Descriptive Trademarks Before the Board:  Apple Loses One](https://garson-law.com/descriptive-trademarks-before-the-board-apple-loses-one/) - A descriptive mark obtains "secondary meaning" or "acquired distinctiveness" when in the minds of the public the primary significance of a trademark is to identify the source of the product rather than the product itself.
- [<strong>Ask Dr. Copyright © About ChatGPT</strong>](https://garson-law.com/ask-dr-copyright-about-chatgpt/) - There is still an unsettled question regarding the legality of using materials from the Internet and elsewhere to train a machine-learning system
- [Patents - How Much Information is Enough? ](https://garson-law.com/patents-how-much-information-is-enough/) - Enablement is crucial to protecting your invention. If a pending application or an issued patent is not ‘enabled,’ the patent may not issue or be enforced.
- [Ask Dr. Copyright © About Section 230](https://garson-law.com/ask-dr-copyright-about-section-230/) - Congress enacted Section 230 to make it clear that Internet companies were not liable to content posted to their sites by others.
- [Patents and Free Speech](https://garson-law.com/patents-and-free-speech/) - Court orders restricting patent free speech will be rarely granted and even more rarely upheld on appeal.
- [Old News Still True: The Internet is Not Free](https://garson-law.com/old-news-still-true-the-internet-is-not-free/) - Data that is protected under copyright and other intellectual property law and resides on the Internet may not be free for machine learning.
- [How Much Does it Cost to Hire a Trademark Lawyer?](https://garson-law.com/how-much-does-it-cost-to-hire-a-trademark-lawyer/) - How much is a trademark lawyer? It will depend, based on a big or small law firm, a solopreneur or a trademark service. Flat fees or hourly, plus USPTO fees.
- [Six Steps for Registering a Federal Trademark](https://garson-law.com/six-steps-for-registering-a-federal-trademark/) - Our firm has provided you with step-by-step instructions on how to register a federal trademark with the USPTO.
- [What is the “USPTO?”](https://garson-law.com/what-is-the-uspto/) - What is the “USPTO?” The USPTO is the abbreviation for the United States Patent and Trademark Office – learn more about the government office here
- [How to File a Trademark Application](https://garson-law.com/how-to-file-a-trademark-application/) - Everything you need to know about how to file a trademark application is here. Download the 2 free guides on trademark registration - for PA and federally.
- [Five Steps for Registering a Trademark in Pennsylvania](https://garson-law.com/five-steps-for-registering-a-trademark-in-pennsylvania/) - Looking to register a trademark in Pennslyvania? Here is our 5 step process on how to go about registering a trademark in Pennsylvania.
- [Don't be Caught "Void Ab Initio" (It's Unbecoming)!  ](https://garson-law.com/dont-be-caught-void-ab-initio-its-unbecoming/) - Trademark owners should be aware that the date of trademark first use is important and must be accurate otherwise you risk losing your registration ab initio.
- [Ask Dr. Copyright …Copyright is a Federal Law that Protects Forms of Expression](https://garson-law.com/copyright-is-a-federal-law-that-protects-forms-of-expression/) - Trademark your band name; don't copyright it. Copyright is a federal law that protects forms of expression.
- [Social Scientists Confirm What We Already Know -- Branding May Be Superficial, but It Is Effective](https://garson-law.com/social-scientists-confirm-what-we-already-know-branding-may-be-superficial-but-it-is-effective/) - According to The Economist, researchers performed experiments aimed at learning the influence of prestigious branding in clothing as suggested by their logos.
- [Two Trademark Registers: the Principal and Supplemental: Which one Is Right for You?](https://garson-law.com/two-trademark-registers-the-principal-and-supplemental-which-one-is-right-for-you/) - Knowing the differences between Principal and Supplemental Registers will allow you to take advantage of your potential benefits – keeping your trademark safe.
- [What's In a Name...?](https://garson-law.com/whats-in-a-name/) - The general rule is that because personal names are considered descriptive, trademarking a name is not registrable unless the applicant shows that their name has "acquired distinctiveness."
- [The DMCA to the Rescue (Maybe) ...](https://garson-law.com/dmca-digital-millennium-copyright-act/) - Under the DMCA, a 1998 amendment to the US Copyright Act, copyright owners may request online service providers to take down works, which have been posted online without the owner's permission.
- [What is Collateral Estoppel, and Why Should a Patent Owner Care?](https://garson-law.com/what-is-collateral-estoppel-and-why-should-a-patent-owner-care/) - The Federal Circuit Court held that a claim finally-decided to be invalid in the first two (un-appealed) IPRs collaterally estopped a similar claim
- [This Just In - Hell Frozen Over!](https://garson-law.com/this-just-in-hell-frozen-over/) - The USPTO has LOWERED the cost of filing and prosecuting patent applications for small and micro entities. The USPTO filing fees for small entities (generally, companies with fewer than 500 employees) is now 40% of the filing fee for large entities, down from 50%. The USPTO fees for micro entities (generally, academics and individual inventors who have The USPTO has LOWERED the cost of filing and prosecuting patent applications for small and micro entities. The USPTO filing fees for small entities (generally, companies with fewer than 500 employees) is now 40% of the filing fee for large entities, down from 50%. The USPTO fees for micro entities (generally, academics and individual inventors who have
- [Ask Dr. Copyright ©, A Parody by ChatGPT](https://garson-law.com/ask-dr-copyright-a-parody-by-chatgpt/) - We asked ChatGPT for a parody of Dr. Copyright. Here's what we got: Dr. Copyright was feeling quite pleased,His legal power was never to be eased.He guarded the rights of creators with glee,Making sure no one used their works for free. But little did he know, his power was slipping,As technology made it easier for
- [Thumbnail Images - Infringement or Fair Use?](https://garson-law.com/thumbnail-images-infringement-or-fair-use/) - The repurposing of thumbnail images is permissible fair use so long as the use of those images has been transformed from their original purpose.
- [The Trademark Adventures of Buck Rogers](https://garson-law.com/the-trademark-adventures-of-buck-rogers/) - Is a trademark a "good" under the Lanham Act?
- [Terms of Service Didn't Read](https://garson-law.com/terms-of-service-didnt-read/) - A new online project called Terms of Service Didn't Read tries to make the process simpler.
- [Tales of Unclean Hands and Stolen Trade Secrets](https://garson-law.com/tales-of-unclean-hands-and-stolen-trade-secrets/) - How far can businesses go to protect their intellectual property, and what is the minimum that they need to do to protect it?
- [Robin Thicke and a Trial of Two Songs](https://garson-law.com/robin-thicke-and-a-trial-of-two-songs/) - The children of Marvin Gaye claim that Robin Thicke infringed the copyright in their father's "Got to Give it Up" . The jury agreed.
- [Registered Agents are Important](https://garson-law.com/registered-agents-are-important/) - If you create a corporate entity in a state where your company may not have a physical presence, most states will require you to maintain a corporate agent
- [Privacy We Give Up for Cell Phone Convenience](https://garson-law.com/privacy-we-give-up-for-cell-phone-convenience/) - Web browsing information is not maintained by T-Mobile, but Verizon stores some web site identity information for up to a year. Sprint Nextel stores text messages for three months while Verizon only for three to five days.
- [Legal Jurisdiction in an Internet World without Borders](https://garson-law.com/legal-jurisdiction-in-an-internet-world-without-borders/) - Recent court cases have determined that U.S. courts can claim jurisdiction over a web site regardless of the geographical location of the registrant and even the domain name registrar.
- [David Whips Goliath in the USITC (What’s that?)](https://garson-law.com/david-whips-goliath-in-the-usitc-whats-that/) - The USITC provides an avenue for a U.S. patent owner to shut down infringement.
- [Ask Dr. Copyright - Emerging New PTO Standards](https://garson-law.com/ask-dr-copyright-emerging-new-pto-standards/) - The 1st Amend protects private expression which is offensive to the general public. ... We hold that the bar in § 2(a) violates the 1st Amend.
- [Can I Patent my Software or Internet Invention or Smartphone App?](https://garson-law.com/can-i-patent-my-software-or-internet-invention-or-smartphone-app/) - The USPTO's most recent guidance was published January 7, 2019, and relates to the 'abstract idea' judicial exception.
- [The Vanishing Employee and Departing Inventions - What’s an Employer to Do?](https://garson-law.com/the-vanishing-employee-and-departing-inventions-whats-an-employer-to-do/) - Courts are likely to enforce an obligation to assign future inventions to an employer if the assignment has clear and short time limitations.
- [When is a Patent Claim ‘Indefinite’ and Why Should We Care?](https://garson-law.com/when-is-a-patent-claim-indefinite-and-why-should-we-care/) - "Indefiniteness" can render you patent claims invalid and unenforceable and waste your money and your time.
- [Ask Dr. Copyright](https://garson-law.com/ask-dr-copyright-world-wide-web/) - The Goldman court said that a defendant need not possess or transmit an image to display it; sending a reference is good enough
- [Ask Dr. Copyright © About Rule of Law](https://garson-law.com/ask-dr-copyright-about-rule-of-law/) - The rules of how the legal system function are complex and many
- [What is ‘Enablement’ and Why Should an Inventor Care?](https://garson-law.com/what-is-enablement-and-why-should-an-inventor-care/) - Every patent claim must be enabled; that is, the application must have enough information to teach a knowledgeable person how to make and use the invention. But how much disclosure is enough? Consider an invention that includes a threaded bolt to hold two objects together. Infinite variations in the threads are possible, including variations in the shape
- [Patent Invention Services: Buyer Beware!](https://garson-law.com/patent-invention-services-buyer-beware/) - The Federal Trade Commission, under "Project Mousetrap," successfully initiated lawsuits against some invention promoters for deceptive and fraudulent practices resulting in fines of millions of dollars.
- [New Rules, New Strategies for Innovators](https://garson-law.com/new-rules-new-strategies-for-innovators/) - A MODEL ORDER LIMITING EXCESS PATENT CLAIMS AND PRIOR ART
- [New Patent Legislation Pending 2015](https://garson-law.com/new-patent-legislation-pending-2015/) - Congress has new plans for changing patent law in 2015 – here is what you need to know about the plans to make changes.
- [Legal Notes on Cryptocurrency and Blockchains](https://garson-law.com/legal-notes-on-cryptocurrency-and-blockchains/) - The single prevalent issue is whether the SEC has jurisdiction over regulation of cryptocurrency coins and tokens. Is It an offering of securities, which, in the United States, must be offered and sold consistent with US securities laws.
- [Kirtsaeng Wins Before the Supreme Court!](https://garson-law.com/kirtsaeng-wins-before-the-supreme-court/) - The Court held that the first sale doctrine applies to any work whether it is published in the United States or abroad.
- [Is Your Patent Vulnerable to Foreclosure?](https://garson-law.com/is-your-patent-vulnerable-to-foreclosure/) - f you use your patent as collateral for a loan or create any other security interest in the patent and then default on the underlying obligation, the person holding the security interest in the patent can foreclose on the patent under state law and thereby acquire all rights in the patent.
- [Is the USPTO Manipulating Inter Partes Review?](https://garson-law.com/is-the-uspto-manipulating-inter-partes-review/) - The argument is that patent rights are private property rights and that the Federal government can only extinguish private property rights by action of a Federal judge in a Federal Court. 
- [Is State Law Still Important after the Defend Trade Secrets Act?](https://garson-law.com/is-state-law-still-important-after-the-defend-trade-secrets-act/) - Is state law still important for trade secret protection? You bet state law is still important.
- [Have a Great Idea for BMW?  Forget  About It!](https://garson-law.com/have-a-great-idea-for-bmw-forget-about-it/) - Have you ever had a great idea for an existing product? Were you dying to approach the manufacturer to suggest it?
- [Has Your Privacy Been Breached?  Now You Have a Resource.](https://garson-law.com/has-your-privacy-been-breached-now-you-have-a-resource/) - Alen Puzic and fellow security researchers have established a website that anyone can use to discover if their e-mail address is among breached records available on the Internet.
- [Government Edicts 100+ Years Later](https://garson-law.com/government-edicts-100-years-later/) - The question of whether the government edicts doctrine applied to works created by state governments was answered in the 19th century. Georgia says it owns the annotations.
- [Getting Your Privacy Policy Right Under the GDPR](https://garson-law.com/getting-your-privacy-policy-right-under-the-gdpr/) - The European Commission's GDPR website provides some guidance so we thought it would be useful to summarize some of the major subject areas that your business' privacy policy must address to be GDPR compliant. The GDPR sets forth eight principles.
- [Expanding cyberspace beyond “.com”…](https://garson-law.com/expanding-cyberspace-beyond-com/) - The Internet Corporation for Assigned Names and Numbers ("ICANN") has proposed a program to introduce new top level domains ("TLDs")
- [Employment Agreements to Protect Intellectual Property](https://garson-law.com/employment-agreements-to-protect-intellectual-property/) - You want to protect your company from trade secret theft? One great way is employment agreements.
- [Does the GDPR Apply to My U.S. Company?](https://garson-law.com/does-the-gdpr-apply-to-my-u-s-company/) - The GDPR is not U.S. law and is not directly enforceable in the U.S. courts. Risks to the U.S. company without a EU presence are based on international law. The potential penalties for a company located in the EU are important. For those companies, you cannot safely ignore the GDPR.
- [Design Patents](https://garson-law.com/design-patents/) - "Design patents" address how something looks; namely, the ornamental design of the object. Examples of patented designs include the appearance of a chest of drawers and the appearance. of silverware.
- [Death Spiral of Software Patents](https://garson-law.com/death-spiral-of-software-patents/) - The status of software patents after Alice v CLS Bank, Are software patents still viable?
- [Crying Over Unspillable Milk (Or Ip Law As Entertainment)](https://garson-law.com/crying-over-unspillable-milk-or-ip-law-as-entertainment/) - Hottrix countersued this week arguing that Hershey's app was substantially similar, and that Hershey had made a copy and derivative work having the same "look and feel" of pouring and drinking virtual milk.
- [MacDonald's Loses its Mojo in the EU](https://garson-law.com/macdonalds-loses-its-mojo-in-the-eu/) - The EU intellectual property office held that McDonald's had not proven "genuine use of the Big Mac trademark as a restaurant name - or as a burger."
- [Can a State Protect an Invention?](https://garson-law.com/can-a-state-protect-an-invention/) - We think of the protection of intellectual property (patents, trademarks, copyrights, trade secrets) as matters of Federal law. What about the states? Can, say, Pennsylvania protect an invention by state law independent of the Federal government? The principal impediment to state protection of intellectual property is the Supremacy Clause of the U.S. Constitution: “…This Constitution, and
- [Shocker at the USPTO](https://garson-law.com/shocker-at-the-uspto/) - The Administration has appointed a qualified person to head the USPTO.
- [SCOTUS To Consider Dog Poo?](https://garson-law.com/scotus-to-consider-dog-poo/) - Under the 9th Circuit, virtually any "humorous" use of a trademark to sell a product is "noncommercial" and thus excluded from dilution liability.
- [Patent Death Squads 1, St. Regis Mohawk Tribe 0](https://garson-law.com/patent-death-squads-1-st-regis-mohawk-tribe-0/) - Allergan transferred the title to patents to the St. Regis Mohawk Tribe. PTAB rejects transfer.
- [Ask Dr. Copyright © about Artificial Intelligence](https://garson-law.com/ask-dr-copyright-about-artificial-intelligence/) - For developers of artificial intelligence and machine learning systems, the law provides protection for many component
- [Ask Dr. Copyright © About Legal Reasoning](https://garson-law.com/ask-dr-copyright-about-legal-reasoning/) - By looking only to a past frozen in the late 18th Century, our Supreme Court majority is simply proving to the rest of us what Dickens famously quipped. “The law is an ass—an idiot.”
- [Am I Entitled to Compensation if the USPTO Cancels My Patent?](https://garson-law.com/am-i-entitled-to-compensation-if-the-uspto-cancels-my-patent/) - USPTO's cancelling of a patent is not an unconstitutional taking.
- [But I Already Paid for That!](https://garson-law.com/aaron-swartz-publication-tax-dollars/) - Some argue that if tax dollars are used to create a document, then taxpayers should not have to pay to read it.
- [China Deluges U.S. with Trademark Filings](https://garson-law.com/china-deluges-u-s-with-trademark-filings/) - Chinese companies filed 4,112 trademark applications. In 2017, Chinese companies filed more than 12 times that number, 51,423 applications! .
- [Can Ordering a Prototype Kill Your Patent Rights?](https://garson-law.com/can-ordering-a-prototype-kill-your-patent-rights/) - Purchasing a prototype of your invention no longer kills your patent rights.
- [Can Delay be a Defense to a Patent Infringement Lawsuit?](https://garson-law.com/can-delay-be-a-defense-to-a-patent-infringement-lawsuit/) - District court holds that laches applies in patent suit. What will happen on appeal?
- [California Enacts Its Version of GDPR](https://garson-law.com/california-enacts-its-version-of-gdpr/) - The California CPA has a broad definition of 'personal information' and provides that Californians have the right to know what data is collected. The consumer also has the right to know the source of the data, the business purpose, and the categories of parties with whom the information is shared.
- [Ask Dr. Copyright about the CASE Act](https://garson-law.com/ask-dr-copyright-about-the-case-act/) - The CASE Act gives the Copyright Office permission to disregard procedural safeguards and due process, as long as the amount of damages being sought is $5000.
- [Amazon Gets More Serious About Infringers](https://garson-law.com/amazon-gets-more-serious-about-infringers/) - The Amazon initiative is to take two forms: (1) enhanced buyer protection tools, referred to as "Brand Central"; (2) and, yes, litigation.
- [Keeping it Private in the Work Place](https://garson-law.com/407/) - Employees have no expectation of privacy in their computers, the handbook created an ambiguity by also permitting occasional personal use.
- [Trade Secret Theft is a Crime](https://garson-law.com/632/) - As Mike Yu learned, industrial espionage can earn you hard time.
- [11 Do's and Don'ts When Posting Images Online](https://garson-law.com/11-dos-and-donts-when-posting-images-online/) - 11 simple do’s and don’ts for posting images online or on your blog to avoid copyright infringement.
- [Are Patents Still Important to the Pharmaceutical Industry?](https://garson-law.com/are-patents-still-important-to-the-pharmaceutical-industry/) - Huge verdict in pharma patent case underscores importance of patents to the industry
- [Commentary:  An Abstract Fairy Tail](https://garson-law.com/alice-vs-cls-bank/) - The U.S. Supreme Court, as judge made law, has grafted onto patent law the concepts that one cannot obtain a patent on a law of nature, a natural phenomenon, or an abstract idea.
- [A Gourmet’s Guide to IP Rights](https://garson-law.com/a-gourmets-guide-to-ip-rights/) - A geographical indication is a type of intellectual property right that is associated with goods -- usually food-related goods -- originating in a specific geographical place. Typically, such goods have a certain quality or characteristic that is associated with its place of origin.
- [A Book By Any Other Name](https://garson-law.com/a-book-by-any-other-name/) - 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
- [2021 Brings New Trademark Fees](https://garson-law.com/2021-brings-new-trademark-fees/) - The Patent & Trademark Office has new fees for trademarks in 2021. The article highlights the main trademark related fee changes.
- [Death of a Poster Child](https://garson-law.com/death-of-a-poster-child/) - MPHJ gained notoriety and the ire of states, the FTC and Congress by buying weak patents for $1 in 2012 and then sending out over 16,000 demand letters
- [Ask Dr. Copyright © About Floor Plans](https://garson-law.com/ask-dr-copyright-about-floor-plans/) - 8th Circuit says Copyright Act protects "pictorial” and not functional representations of a building
- [Swimwear Technology](https://garson-law.com/swimwear-technology/) - As we sit on the beach, trying to avoid the sun, what better time to contemplate swimwear inventions?
- [How Sweet it is...The Candy Crush Saga](https://garson-law.com/candy-crush-trademark-application/) - In its quest to rule the mobile device game world, King filed a trademark application for the term CANDY, identifying software related products, clothing (say spin-offs), and educational services (say what?).
- [Words, War, Film, and the First Amendment](https://garson-law.com/words-war-film-and-the-first-amendment/) - The right of publicity refers to those rights related to control of the commercial use of one's identity typically consisting of a person's "name, image and likeness."
- [Ask Dr. Copyright ... notice terminating transfers of publishing rights](https://garson-law.com/ask-dr-copyright-notice-terminating-transfers-of-publishing-rights/) - Under Copyright Law a songwriter may file a notice terminating transfers of publishing rights anywhere from two to ten years prior to the 56 year reclaiming period.
- [Patenting Replacement Parts and Consumables](https://garson-law.com/patenting-replacement-parts-and-consumables/) - A design patent protects how a thing looks, not what the thing does or how the thing does it. The manufacturer can obtain a design patent for the appearance of its consumable cartridge or head or its replacement fender.
- [Ask Dr. Copyright -- the "GMen" want Apple to unlock my iPhone](https://garson-law.com/ask-dr-copyright-the-gmen-want-apple-to-unlock-my-iphone/) - The legal issues in the case will likely focus on whether the government can force a private company that had nothing to do with a crime to expend a lot of effort
- [Ask Dr. Copyright -  Complying with the European Union's General Data Protection Regulations (GDPR)](https://garson-law.com/ask-dr-copyright-complying-with-the-european-unions-general-data-protection-regulations-gdpr/) - While some small US companies may try to resist complying with the EU GDPR regulations, doing so will become abnormal, expensive, and risky in a short time.
- [Patent Fun Facts:](https://garson-law.com/patent-fun-facts/) - The following are from an April, 2018 talk by USPTO Patent Commissioner Hirshfeld.
- [Ask Dr. Copyright -- Latest Developments in Copyright Law](https://garson-law.com/ask-dr-copyright-latest-developments-in-copyright-law/) - Congress is now considering the "Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act", which would grant a total copyright term of 144. The Court has held that non-humans lack "standing" to bring suit under the Copyright Act. On appeal, The majority allows the Gayes to copyright a musical style" .
- [Google v. Oracle - the Supreme Court's Copyright Case of the Decade?](https://garson-law.com/google-v-oracle-the-supreme-courts-copyright-case-of-the-decade/) - Google and Oracle are software titans battling over whether the freely available connections between software platforms are protectable
- [We Are Tops!](https://garson-law.com/we-are-tops/) - We are pleased to announce that the five attorneys of LW&H who practice on Philadelphia's "Main Line" have been selected by Main Line Today Magazine as among the Top Lawyers of 2020. Led by Josh Waterson, MLT's #1 Intellectual Attorney, Larry Weinberger, Adam Garson, Robert Yarbrough and Lawrence Husick were named by the publication as Top
- [Trademarks and NFTs: More Headaches](https://garson-law.com/trademarks-and-nfts-more-headaches/) - Trademark owners, who have a duty to police their trademarks, have another huge new space to monitor trademark use.
- [Ask Dr. Copyright  --- Are you a "SuperLawyer"?](https://garson-law.com/ask-dr-copyright-are-you-a-superlawyer/) - The "SuperLawyers" and "Top 100" claims made by lawyers are strictly promotional schemes, concocted by advertising firms. Such recognition programs often have "peer nomination" as a prerequisite, meaning that other lawyers must submit the names of those colleagues "deserving" of recognition.
- [Smelling the Doh - Registering an Iconic Smell with the USPTO](https://garson-law.com/smelling-the-doh-registering-an-iconic-smell-with-the-uspto/) - Can you Register a Smell? The USPTO published guidelines for registering scents and fragrances but required considerable evidence of acquired distinctiveness.
- [The Good Grammar of Copyrights and Trademarks](https://garson-law.com/the-good-grammar-of-copyrights-and-trademarks/) - In the world of intellectual property, the precise use of language is important, whether preparing a copyright, trademark, or patent application, drafting an assignment or license agreement, or in oral communication.
- [When Can You Sell Your Invention Without Losing Patent Rights?](https://garson-law.com/when-can-you-sell-your-invention-without-losing-patent-rights/) - Any sale or offer of sale of the invention prior to filing the patent application IMMEDIATELY terminates patent rights. If the exception applies, then the inventor has the same one year grace period as the old law.
- [SCOTUS Scores One For Free Speech and Redskins Team Rejoices!](https://garson-law.com/scotus-scores-one-for-free-speech-and-redskins-team-rejoices/) - SCOTUS rejected the PTO position and held that the anti-disparagement clause (2a) of the Lanham Act was an unconstitutional abridgment of freedom of speech.
- [Breaking News: Ghostbusters Prevails Over Day of the Dead](https://garson-law.com/ghostbusters-prevails-over-day-of-the-dead/) - Dan Aykroyd's Crystal Head Vodka jury says that Day of the Dead tequila is confusingly similar on trade dress grounds for "trade dress" infringement.
- [Whiskey Wars: A Trademark Owner's Duty to Maintain Its Rights](https://garson-law.com/whiskey-wars-a-trademark-owners-duty-to-maintain-its-rights/) - Trademark owners have a duty to defend their trademarks against possible and actual infringement. Ignore infringers and your trademark rights may evaporate.
- [Ask Dr. Copyright -- Louis Vuitton Gets Bagged](https://garson-law.com/ask-dr-copyright-louis-vuitton-gets-bagged/) - Louis Vuitton loses trademark battle against My Other Bag demonstrating that LV can't take a joke
- [99 Bottles of Beer on the Wall, 99 Bottles of Beer ](https://garson-law.com/99-bottles-of-beer-on-the-wall-99-bottles-of-beer/) - A Google search for the term generates over 30,000,000 hits suggesting that OKTOBERFEST may have become part of the world's lexicon when it comes to beer festivals.
- [#copyright; #trademark; #patents; #ip](https://garson-law.com/copyright-trademark-patents-ip/) - Hash tagged terms may be registered as trademarks so long as they distinctive and are used in a trademark sense
- [Ask Dr. Copyright ...  Trademark Rights in 'Thank You'](https://garson-law.com/ask-dr-copyright-trademark-rights-in-thank-you/) - Major corporations battle it out to see who has trademark rights in good manners. Thank you.
- [So What Is Craft Beer, Anyway?](https://garson-law.com/so-what-is-craft-beer-anyway/) - 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.
- [Trademark Any Word You Want --  SCOTUS Removes all Barriers](https://garson-law.com/trademark-any-word-you-want-scotus-removes-all-barriers/) - The "immoral or scandalous" bar is substantially over broad. There are a great many immoral and scandalous ideas in the world (even more than there are swear words), and the Lanham Act covers them all. It therefore violates the First Amendment.
- [Candy Bars Make Trademark News Yet Again](https://garson-law.com/candy-bars-make-trademark-news-yet-again/) - The Court of Justice of the European Union rejected Nestlé's and Modelez Cadbury's appeal and sent the case back to the lower court for reconsideration.
- [Fake News: The Trademark](https://garson-law.com/fake-news-the-trademark/) - There are 22 "live" entries in the PTO database that incorporate the terms FAKE NEWS, seven registrations and 15 pending trademark applications.
- [No, You Can't Trademark "OK Boomer"](https://garson-law.com/no-you-cant-trademark-ok-boomer/) - It's unlikely that any trademark applications for OK BOOMER will actually be approved for several reasons. Would you all Trademarking "OK Boomer"?
- [Dim Sum Wars - Trademarks at Loggerheads](https://garson-law.com/dim-sum-wars-trademarks-at-loggerheads/) - Unrelated owners of the same or confusingly similar trademark cannot successfully do business in the same geographical area.
- [Hostility to Computer Inventions Moves Past Computers](https://garson-law.com/hostility-to-computer-inventions-moves-past-computers/) - The Alice Court held that an abstract method implemented by software was not patentable. A court now applies Alice to a helmet tracking system.
- [Ask Dr. Copyright ... Happy Birthday to Dr. Copyright](https://garson-law.com/happy-birthday-copyright-warner-chappell-good-morning-to-all/) - The company is making a documentary film about the history of Happy Birthday. They were told by Warner that if they wished to use the song in their movie, they would have to pay $1,500.00 for a "synchronization license."
- [Free "Happy Birthday"  May Become a Reality](https://garson-law.com/free-happy-birthday-may-become-a-reality/) - Dr. Copyright reports on the copyright infringement case over the "Happy Birthday" song. New evidence suggests that it may, indeed, be in the public domain.
- [Ask Dr. Copyright -- Copyright Week](https://garson-law.com/ask-dr-copyright-copyright-week/) - Today's copyright system is broken. It has poorly defined fair use stds and exclusive rights last too long (thanks to the Mickey Mouse Copyright Term Extension)
- [Ask Dr. Copyright -- Stare Decisis and the Legal Rights of Animals](https://garson-law.com/ask-dr-copyright-stare-decisis-and-the-legal-rights-of-animals/) - lawyers who appear before them are constrained in our country by both the written statutes passed by the legislatures (state and federal)
- [Not Laughing](https://garson-law.com/not-laughing/) - According to one study, 7.8% of Americans are afraid of clowns. Only 10.2% are afraid of zombies, so that’s saying something.
- [Ask Dr. Copyright - Locast Avoid Copyright Restriction](https://garson-law.com/ask-dr-copyright-locast-avoid-copyright-restriction/) - Copyright Law (17 U.S.C. §111(a)(5)) has an exception for nonprofit organizations. Locast offers free tv under this exception thereby avoiding the Aero problem
- [Patents and Vote-By-Mail](https://garson-law.com/patents-and-vote-by-mail/) - The US Patent and Trademark Office published a patent application on August 13 owned by the United States Postal Service (‘USPS’). The disclosed invention would incorporate Blockchain technology into a vote-by-mail system. Blockchain is the technology used to implement cryptocurrencies and other types of secure transactions. Blockchain allows digital information to be recorded and distributed, but not altered, which
- [The NRA and the Bean](https://garson-law.com/the-nra-and-the-bean/) - Kapoor sued the NRA for copyright infringement. His sculpture, Cloud Gate, appears in the Clench Fist without his authorization
- [Ask Dr. Copyright © about Trademarks (huh?)](https://garson-law.com/ask-dr-copyright-about-trademarks-huh/) - Numbers are routinely used to name products but that there are so many of them that it takes a lot of marketing to make a number distinctive.
- [The Parable of the Three Bears and their Camera](https://garson-law.com/the-parable-of-the-three-bears-and-their-camera/) - Whether an invention is abstract or new. They are different issues.
- [We're Number 10! We're Number 10!](https://garson-law.com/were-number-10-were-number-10/) - Th largest business lobbying organization in the country is advocating stronger patent rights for U.S. inventors and businesses.
- [Let's Go Crazy and Support "Fair Use"](https://garson-law.com/lets-go-crazy-and-support-fair-use/) - It's now the law, copyright holders must consider fair use before sending a takedown notice.
- [Why are patented drugs cheaper in Canada?](https://garson-law.com/why-are-patented-drugs-cheaper-in-canada/) - the Canadian gov't sets the price for a drug based on the median of the lowest wholesale prices charged by the patent holder in a basket of seven countries
- [Is a Trademark Tangible or Intangible Property? And What does this have to do with the Mongols?](https://garson-law.com/is-a-trademark-tangible-or-intangible-property-and-what-does-this-have-to-do-with-the-mongols/) - Trademarks are intangible, intellectual property. "Ownership" means that one possesses a right that will be recognized and upheld in the courts
- [The Importance of Proper Patent Marking on Goods Sold in the United States](https://garson-law.com/the-importance-of-proper-patent-marking-on-goods-sold-in-the-united-states/) - Patent markings have three main purposes: (1) to avoid innocent infringement, (2) to encourage a patentee to give notice to the public that the article is patented, and (3) to allow the public to determine whether an article is patented.
- [Patents:  Is Deferred Examination of Your Patent Application Right for You?](https://garson-law.com/patents-is-deferred-examination-of-your-patent-application-right-for-you-2/) - Should you defer your examination of your patent application? It depends...
- [Is That a Trademark I Smell?  Registering a Trademark for Scents, Color and Sound](https://garson-law.com/is-that-a-trademark-i-smell-registering-a-trademark-for-scents-color-and-sound/) - Though unusual, United States trademark law does permit registration of scents, colors and sounds.
- [Eyjafjallajokull -- Force Majeure](https://garson-law.com/eyjafjallajokull-force-majeure/) - Courts tell us that they will look to the intent of the party as expressed by the language of the force majeure clause.
- [Ask Dr. Copyright...You may need permission to snap a picture of a work of art](https://garson-law.com/ask-dr-copyright/) - You may photograph the natural world. You may photograph most buildings, and most people in public. You may need permission to snap a picture of a work of art, and some buildings may themselves be considered works of sculptural art.
- [Ask Dr. Copyright... Copying Stuff on the Internet May Be Infringement](https://garson-law.com/ask-dr-copyright-2/) - Merely because a photo is publicly available does not mean that it is in the "public domain" where you are free to do anything you like with it.
- [Linking May be Dangerous to Your Health](https://garson-law.com/linking-may-be-dangerous-to-your-health/) - As a website owner you should be aware of the risks and benefits to link building. What you need to know about link building and the effects to your website.
- [How to protect your trademark, copyright or patent from infringement on EBay](https://garson-law.com/how-to-protect-your-trademark-copyright-or-patent-from-infringement-on-ebay/) - Is there a way to protect my trademark, copyright or patent from infringement on eBay? Create automated searches and email alert within eBay.
- [Trademarks -- Use Them or Lose Them but Don't Fudge It!](https://garson-law.com/trademarks-use-them-or-lose-them-but-dont-fudge-it/) - Use them or lose them... when it comes to trademarks that is. Let us explore the importance of both having and using your trademarks.
- [Patent Filings and Revenue are down at the PTO](https://garson-law.com/patent-filings-and-revenue-are-down-at-the-pto/) - The number of new applications filed in 2009 is projected to drop by more than 11% from 2008. The USPTO has halted hiring as a result.
- [Benefits of State Trademark Registration - Not Many](https://garson-law.com/benefits-of-state-trademark-registration-not-many/) - State registration may be important if the owner is making purely intrastate use of its mark. Are you using your mark in the state you wish to register?
- [Real Trademarks Used in Virtual Worlds](https://garson-law.com/real-trademarks-used-in-virtual-worlds/) - With the commercialization of Second Life by real companies, concern about the protection of intellectual property rights has grown. Copyright owners can protect their rights through the procedures of the Digital Millennium Copyright Act (DMCA), which Second Life states it will enforce.
- [Facing Trademark Protection on Facebook](https://garson-law.com/facing-trademark-protection-on-facebook/) - If you find that a Facebook username incorporates your mark, you may still report it to Facebook by completing a Notice of Intellectual Property Infringement (Non-Copyright Claim).
- [Bloggers and Advertisers are Cautioned by New FTC Guidelines on Product Endorsements](https://garson-law.com/bloggers-and-advertisers-are-cautioned-by-new-ftc-guidelines-on-product-endorsements/) - New FTC guidelines cover endorsements by bloggers, consumers, experts, and organizations.
- [Real Trademarks Used in Virtual Worlds Part II](https://garson-law.com/real-trademarks-used-in-virtual-worlds-part-ii/) - The commercialization of virtual worlds by real life companies and the apparently rampant unauthorized use of trademarks by virtual world residents has created new "territory" for trademark owners to police their marks.
- [Sign, Sign, Everywhere a Sign](https://garson-law.com/sign-sign-everywhere-a-sign/) - Courts may impose liability for fraud, particularly if the user intended to mislead or deceive consumers by knowingly placing the symbol following a mark it does not own or following a mark, which is expired, cancelled or abandoned.
- [What's in a Name? Choosing a domain name can be tricky business](https://garson-law.com/whats-in-a-name-choosing-a-domain-name-can-be-tricky-business/) - Avoid choosing a domain name which might be confusingly similar to the trademark of others. Learn the best way to choose a domain.
- [When Your Trademark has been Registered as a Domain Name](https://garson-law.com/what-to-do-when-your-trademark-has-been-registered-as-a-domain-name-by-another-party/) - When you register an infringing domain name, you submit to ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP). What if your trademark has been registered someone else?
- [The "Mighty Mouse" Trademark Saga](https://garson-law.com/the-mighty-mouse-saga/) - Apple's new mark, "Magic Mouse," was likely conceived in a rush to comply with the Patent and Trademark Office's decision to award the registration of "Mighty Mouse" to Man & Machine. Likewise, Apple has changed the name of its former "Mighty Mouse" product to "Apple Mouse."
- [Using Trademarks Where They Don't Belong](https://garson-law.com/using-trademarks-where-they-dont-belong/) - A trademark should not be used to identify a business but, rather, the products designated by the mark's federal registration. Some company names are, indeed, used as trademarks.
- [Errata: Bloggers and Advertisers are Cautioned by New FTC Guidelines on Product Endorsements](https://garson-law.com/errata-bloggers-and-advertisers-are-cautioned-by-new-ftc-guidelines-on-product-endorsements/) - New FTC guidelines for product endorsements became effective on December 1, 2009.
- [Intent-to-Use Trademark Applications and the Power of the Internet](https://garson-law.com/intent-to-use-trademark-applications-and-the-power-of-the-internet/) - Before filing an intent-to-use application, trademark owners should think about the repercussions of filing an application, particularly if they have an active, loyal customer base.
- [Don't Go Naked When Assigning a Trademark](https://garson-law.com/dont-go-naked-when-assigning-a-trademark/) - To insure that your sale or assignment of a trademark is proper, you must understand that trademarks are merely symbols of good will. Learn about trademark assignment.
- [Trademark Rights: Changes in the Law](https://garson-law.com/trademark-rights-changes-in-the-law/) - The U.S. Supreme Court redefined the meaning of "case and controversy" and ruled that receiving a C&D letter provides an actual controversy. Read more.
- [The "Washington Football Team" Faces New Trademark Challenges](https://garson-law.com/the-washington-football-team-faces-new-trademark-challenges/) - The "Washington Football Team", will either find a name that isn't already a registered trademark, or else it will pay for the rights. The trademark challenge.
- [New Trademark Rules: Legislators Seek to Streamline the PTO](https://garson-law.com/new-trademark-rules-legislators-seek-to-streamline-the-pto/) - Included in new legislation are a number of new laws specifically addressing intellectual property issues, including the 2020 Trademark Modernization Act.
- [Netflix and the Air Force Battle For Space (Force)](https://garson-law.com/netflix-and-the-air-force-battle-for-space-force/) - It seems that the newly-minted U.S. Space Force may have lost trademark rights in the term "Space Force" to Netflix. Learn more about how this story unfolded.
- [Branding Rules While Candy Bars Wage Battle ....](https://garson-law.com/branding-world-intellectual-property-report/) - It should come as no surprise then that brand owners are pushing the envelope. The Hershey Company, for example, recently filed a trademark application covering the cross section of its famed Snicker's bar
- [Would You Believe that the Classic Shape of the Cobra 427 S/C Lacks Distinctiveness?](https://garson-law.com/would-you-believe-that-the-classic-shape-of-the-cobra-427-sc-lacks-distinctiveness/) - Well-established law provides that "configurations of products are not inherently distinctive and may only be registered as marks upon a showing of acquired distinctiveness."
- [Ask Dr. Copyright © About the Copyright Claims Board](https://garson-law.com/ask-dr-copyright-about-the-copyright-claims-board/) - The Copyright Claims Board (CCB) is where a three-judge panel within the U.S. Copyright Office will decide “small” copyright claims.
- [Foreign-Domiciled Trademark Applicants, Get an Attorney!](https://garson-law.com/foreign-domiciled-trademark-applicants-get-an-attorney/) - Beginning in August 2019, all foreign domiciled trademark applicants will require representation by a licensed U.S. attorney.
- [Ask Dr. Copyright -- Where do the Candidates Stand on Intellectual Property?](https://garson-law.com/ask-dr-copyright-where-do-the-candidates-stand-on-intellectual-property/) - Visit the candidates web sites to learn where they stand on intellectual property.
- [Ask Dr. Copyright © About Arbitration Clauses](https://garson-law.com/ask-dr-copyright-about-arbitration-clauses/) - Arbitration is a method of “alternative dispute resolution” meaning that you can’t go to court if you disagree
- [Supreme Court Fights Abuses of the Computer Fraud & Abuse Act](https://garson-law.com/supreme-court-fights-abuses-of-the-computer-fraud-abuse-act/) - For 35 years, the Computer Fraud and Abuse Act (CFAA) has been a powerful weapon in law enforcement's arsenal against computer hackers. Essentially, it criminalized the standard definition of hacking - accessing information on a computer, where the user lacks authorization to do so. But what happens when someone is authorized to access the information,
- [Patent Death Squads? Who Cares?](https://garson-law.com/patent-death-squads-who-cares/) - PTAB must give the Director of the Patent and Trademark Office an opportunity to determine whether a rehearing is needed.
- [Ask Dr. Copyright© About Patent Rights](https://garson-law.com/ask-dr-copyright-about-patent-rights/) - Reliable and effective property rights are a key factor in creating growing innovation economies and flourishing societies.
- [What Is Section 230 of the Communications Decency Act?](https://garson-law.com/what-is-section-230-of-the-communications-decency-act/) - Section 230 is imperfect, but its intentions were laudable.
- [Ask Dr. Copyright © about NFT's](https://garson-law.com/ask-dr-copyright-about-nfts/) - Dear Doc:What the heck is an NFT and what does it have to do with copyrights?Signed.Dazed and Confused Dear D&C: That is a very good question. Which is why the Doc will provide you with an answer, and also offer you the chance to purchase a unique and priceless version of the answer, in digital A “non-fungible token” (or NFT) is a digital document proving ownership of a one-of-a-kind digital asset.
- [Who Can Challenge a Patent before the USPTO?](https://garson-law.com/who-can-challenge-a-patent-before-the-uspto/) - The story today demonstrates that even experienced and sophisticated patent owners, like Apple, can trip over the fundamentals. ‘Inter partes review’ is a way* for a person or company to challenge someone else’s patent before the USPTO. A person who wants to challenge a patent can petition the USPTO and submit prior patents, applications or other
- [Where Have All the Soundtracks Gone?](https://garson-law.com/where-have-all-the-soundtracks-gone/) - #post_excerptLicense agreements should take into consideration the expected value of the work being licensed, and account for a wide variety of future uses.
- [The Half-Billion Dollar Family Business](https://garson-law.com/the-half-billion-dollar-family-business/) - VirnetX Holding Corporation is a 20-employee, publicly-traded (NYSE: VHC) corporation with a market capitalization of $505 million and with unusual family compensation. VirnetX owns 190 patents for some of the key technologies of the last fifteen years, including technologies used for Skype, iMessage, FaceTime and virtual private networks. VirnetX is in the business of licensing those patent VirnetX is in the business of licensing those patent rights and has had astonishing success in pursuing major corporations for patent infringement.
- [U.S. v. Arthrex: A Battle for Power over Patent Judges](https://garson-law.com/u-s-v-arthrex-a-battle-for-power-over-patent-judges/) - A fascinating aspect of the law is that something can be standard practice, or settled law, until a creative lawyer or court pulls it apart, turns it on its head, and a new paradigm is born. Think of Brown vs. the Board of Education, Miranda v. Arizona, or Citizens United v. Federal Election Commission. Each of these decisions Are patent judges "principal officers", nominated by the President and confirmed by Congress, or "inferior Officers" who can be appointed by the Executive Branch?
- [Ask Dr. Copyright © About You’ll Boldly Go](https://garson-law.com/ask-dr-copyright-about-youll-boldly-go/) - Dear Doc (hope you’re well and alive):I heard of a case that’s just jive.You can go, but not boldlySaid the judge, rather coldlyFar too Seuss, your project, contrived. Signed,ComicMix Dear CM: I suppose that you are asking about a recent court decision in a dispute about the book “Oh, the Places You’ll Boldly Go!”, a mashup of The court opines on transformation and fair use.
- [You May Register Multiple Copyrights in a Single Application But Beware](https://garson-law.com/you-may-register-multiple-copyrights-in-a-single-application-but-beware/) - #post_excerptOne thing for certain, be careful with facts even on those simple copyright registration applications; it could cost you lots in legal fees.
- [Third Party Cookies Crumble. Is Google's Replacement Any Better?](https://garson-law.com/third-party-cookies-crumble-is-googles-replacement-any-better/) - #post_excerptProject Sandbox won't turn off third party tracking altogether, but will instead group together users who have similar browsing habits.
- [Ask Dr. Copyright...Is "The Big Game" Trademarked?](https://garson-law.com/ask-dr-copyright-is-the-big-game-trademarked/) - According to the National Football League, "Super Bowl®" is their registered trademark...
- [Ask Dr. Copyright About Bringing Lawsuits](https://garson-law.com/ask-dr-copyright-about-bringing-lawsuits/) - if you want to file a law suit, or one is filed against you, there are many complex issues
- [Bling and the Ordinary Observer Test](https://garson-law.com/bling-and-the-ordinary-observer-test/) - design patents are inherently narrow in protection and the difference between the patented design and the prior art may be dispositive
- [Ask Dr. Copyright About Which is Mightier, the Pen or the Sword?](https://garson-law.com/ask-dr-copyright-about-which-is-mightier-the-pen-or-the-sword/) - Dear Doc:I have always heard the maxim that the pen is mightier than the sword. But is it mightier than a loaded AR15?Signed,Just Asking For A Friend in St. Louis Dear “Friend”: The maxim that you cite is hoary, indeed, dating in English from Edward Bulwer-Lytton’s 1839 play, “Cardinal Richelieu”. The thought, however, is much
- [It's Official: Patent Examiner Interviews are da Bomb](https://garson-law.com/its-official-patent-examiner-interviews-are-da-bomb/) - where interviews were conducted, on average the patent examiners issued notices of allowance after two office actions
- [Keeping Up with Fast-Changing Privacy Laws](https://garson-law.com/keeping-up-with-fast-changing-privacy-laws/) - States and countries are now leapfrogging each other to introduce more stringent privacy laws
- [Spirit v. Led Zeppelin Case Finally Ascends the Stairway to Heaven](https://garson-law.com/spirit-v-led-zeppelin-case-finally-ascends-the-stairway-to-heaven/) - The 9th Circuit reinstated the 2016 jury verdict in Led Zeppelin's favor, and that decision now stands.
- [Ask Dr. Copyright © About Fair Use and Fame](https://garson-law.com/ask-dr-copyright-about-fair-use-and-fame/) - a work by a more famous artist might is more likely to be of a recognized stature than a work of a less famous artist, regardless of the quality
- [Ask Dr. Copyright - What's Fair Use?](https://garson-law.com/ask-dr-copyright-what_is_fair_use/) - Paraphrasing Faulkner depends upon transmogrification in medium
- [Patent Marking and Infringement](https://garson-law.com/patent-marking-and-infringement/) - Mark your patented products. Document that you've marked your patented products. Require licensees to mark patented products.
- [The Privacy Shield is Badly Cracked!](https://garson-law.com/the-privacy-shield-is-badly-cracked/) - In July 2020, an EU court invalidated the Privacy Shield program because it doesn't effectively protect EU citizens.
- [The Patent World Steps Up](https://garson-law.com/the-patent-world-steps-up/) - The USPTO has launched a program to quickly review Covid-19 related patents and to waive the priority fees.
- [Copyright Law Doesn't "Heart" New York](https://garson-law.com/copyright-law-doesnt-heart-new-york/) - the logo absolutely evokes the New York brand
- [Q: How narrow is the protection of a design patent?  A: Really narrow, if the design looks like a common product.](https://garson-law.com/q-how-narrow-is-the-protection-of-a-design-patent-a-really-narrow-if-the-design-looks-like-a-common-product/) - A design patent for a clever product that makes something new look like something old will not protect much and will be easy for a competitor to avoid.
- [Ask Dr. Copyright About What's New](https://garson-law.com/ask-dr-copyright-about-whats-new/) - Dear Doc:I know that self-isolating and social distancing has changed what each of us does every day. What has the Doc been up to, and what's new in intellectual property?Signed,Concerned Reader Dear CR: Don't worry too much about the Doc. He's been keeping busy in some interesting ways lately... First, a client of LW&H has
- [Here's a Riddle:  When Is an Invention Both Obvious and Non-obvious?](https://garson-law.com/heres-a-riddle-when-is-an-invention-both-obvious-and-non-obvious/) - Those of you who know patents know that to be patentable an invention must not be obvious to a person who is knowledgeable in the field; that is, the invention must represent more than a trivial improvement over prior inventions. Inventors, the USPTO and the courts struggle with whether inventions are or are not 'obvious.' In general,
- [Government Edicts Redux - The Supreme Court Renders a Decision in the PRO Case](https://garson-law.com/government-edicts-redux-the-supreme-court-renders-a-decision-in-the-pro-case/) - According to the Supreme Court majority says it's the identify of the author that is determinative of whether public documents are protected by copyright
- [Ask Dr. Copyright About "This Land is Your Land"](https://garson-law.com/ask-dr-copyright-about-this-land-is-your-land/) - Is "this land is your land" in the public domain?
- [Force Majeure Clauses and the Coronavirus Pandemic](https://garson-law.com/force-majeure-clauses-and-the-coronavirus-pandemic/) - Most business contracts include a "Force Majeure" clause (French for "superior force").
- [Forward to the Past](https://garson-law.com/forward-to-the-past/) - Governments and scientists are scouring our vast pharmacopeia for something, anything, that may be effective against the current pandemic. While this particular infection may be new, inventors have been solving the problem of contagion since there have been inventors. This author believes that the scientists should investigate other disease-fighting inventions of the past. In
- [Why put patent numbers on your patented invention?](https://garson-law.com/why-put-patent-numbers-on-your-patented-invention/) - Product made or sold without a patent marking, then the owner can only collect damages for infringement occurring after notice of infringement
- [Have DMCA Takedowns Gone Rogue?](https://garson-law.com/have-dmca-takedowns-gone-rogue/) - It may be time to review the current state of the DMCA's section 512.
- [Philly Phanatic Gets a Revamp!  Why?](https://garson-law.com/philly-phanatic-gets-a-revamp-why/) - Section 203 of the Copyright Act provides for transfer and reclamation of copyright ownership under special circumstances.
- [Ask Dr. Copyright About the Tax Cut and Jobs Act](https://garson-law.com/ask-dr-copyright-about-the-tax-cut-and-jobs-act/) - It is more important than ever for individual inventors and companies to take advantage of the federal research and development tax credit.
- [The Abstract Design](https://garson-law.com/the-abstract-design/) - Words in a design patent matter
- [Ask Dr. Copyright](https://garson-law.com/ask-dr-copyright-tld/) - Federal courts have denied trademark protection for other .com names using a generic word. Will the US Supreme Court?
- [Ask Dr. Copyright...The "Copyright Alert System"](https://garson-law.com/copyright-alert-system-riaa-mpaa/) - The "Copyright Alert System" is a system that involves AT&T, Verizon, Time Warner, Comcast and Cablevision - the "Big 5" Internet service providers (ISPs).
- [The KosherSwitch Patent: Protecting Malfunction by Design](https://garson-law.com/the-kosherswitch-patent-protecting-malfunction-by-design/) - The concept of random chance is sufficient to distance the user from the action taken and the eventual result, and it enables the user to avoid violating Jewish law.
- [Mechanical Inventions and Patent-Ineligible Subject Matter](https://garson-law.com/mechanical-inventions-and-patent-ineligible-subject-matter/) - The majority of the three-judge panel concluded that the claims of a mechanical invention were directed to a 'law of nature' . The result may change on review.
- [Ask Dr. Copyright about Transformation](https://garson-law.com/ask-dr-copyright-about-transformation/) - Moral Rights may be the solution to unbridled application of the transformation concept to copyright infringement cases
- [Challenges to a Patent before the USPTO](https://garson-law.com/challenges-to-a-patent-before-the-uspto/) - Congress set up procedures to challenge a patent administratively before the USPTO: Inter partes review,ex parte re-examination, post-grant review
- ["Gimme Some Lovin'"  Please!](https://garson-law.com/gimme-some-lovin-please/) - The court also refused to consider whether the two songs were strikingly similar based upon evidence not of record
- [New Life for an Old Doctrine](https://garson-law.com/new-life-for-an-old-doctrine/) - Federal Circuit has found infringement under the doctrine of equivalents if the amendments to the claims during prosecution were 'tangential' to the changes made by the competitor.
- [Vivisepulture*](https://garson-law.com/vivisepulture/) - inventors are here to enable your taphophobia or your irrational fear of being buried alive.
- [Maybe There's Something to this UFO Thing After All](https://garson-law.com/maybe-theres-something-to-this-ufo-thing-after-all/) - Patent applications that have national security implications can be the subject of a 'secrecy order' and effectively suppressed.
- [Amazon vs. Amazonas:  Selling Stuff Prevails](https://garson-law.com/amazon-vs-amazonas-selling-stuff-prevails/) - Amazon prevails against South American countries over dispute over .amazon.
- [Congress Takes a Swing at Patentable Subject Matter](https://garson-law.com/congress-takes-a-swing-at-patentable-subject-matter/) - Supreme Court has issued decisions that have e introduced substantial confusion and uncertainty as to whether an invention can be the subject of a patent
- [Are You the Victim of a Data Breach?](https://garson-law.com/are-you-the-victim-of-a-data-breach/) - You and your company also have options to detect and respond to actual breaches from your computer system occurring in real time.
- [Ask Dr. Copyright About the "Vessel"](https://garson-law.com/ask-dr-copyright-about-the-vessel/) - Your visit to this giant staircase actually resulted in you having to give up a lot of intellectual property rights.
- [Ransomware](https://garson-law.com/ransomware/) - PayPal has a new patent for anti-ransomware software. The PayPal approach is based on the behavior of the ransomware within the target computer;
- [Ask Dr. Copyright](https://garson-law.com/ask-dr-copyright/) - So...the moral of the story is: if you create "works" in the course of your business, you should have a contract that preserves your rights to those works,
- [EU Makes Big Changes to Its Copyright Law](https://garson-law.com/eu-makes-big-changes-to-its-copyright-law/) - Article 11 enables publishers to receive payment from online platforms that share news stories; Article 13 imposes liability on online platforms for uploading infringing content.
- [It Just Got Harder To Patent Computer-Implemented Inventions](https://garson-law.com/it-just-got-harder-to-patent-computer-implemented-inventions/) - The patent application for the computer implemented invention must include an 'algorithm' or series of steps to accomplish the function (flow chart).
- [A Big Company Stole and Patented My Invention.  Can I have the patent transferred to me?](https://garson-law.com/a-big-company-stole-and-patented-my-invention-can-i-have-the-patent-transferred-to-me/) - The bottom line: If a thief steals and patents your invention, you can sue the thief and have ownership of the patent transferred to you.
- [Anish Kapoor Declares Victory!](https://garson-law.com/anish-kapoor-declares-victory/) - Anish Kapoor settles with NRA. NRA agrees to remove "Cloud Gate" image from "Clenched Fists" video
- [Ask Dr. Copyright -- The Public Domain Comes of Age](https://garson-law.com/ask-dr-copyright-the-public-domain-comes-of-age/) - On January 1, 2019, works first published in 1923 will enter the public domain.
- [Treble Damages for Willful Patent Infringement](https://garson-law.com/treble-damages-for-willful-patent-infringement/) - The patent statute provides that the judge has the discretion to award enhanced damages of up to three times actual damages for patent infringement.
- [Ask Dr. Copyright -- Can you copyright a flavor?](https://garson-law.com/ask-dr-copyright-can-you-copyright-a-flavor/) - Flavors do not fall under one of the enumerated categories of copyrightable subject matter, and thus, as a matter of law, may not be registered for copyright.
- [When is a Written Document 'Prior Art' for an Invention?](https://garson-law.com/when-is-a-written-document-prior-art-for-an-invention/) - Prior art is a prior publication such as a patent, patent publication, treatise, advertisement, article on the web, textbook, or other published written work
- [Ask Dr. Copyright  - Protection of Characters](https://garson-law.com/ask-dr-copyright-protection-of-characters/) - Under US Copyright Law, a fictional character that is sufficiently well developed may be protected by the copyright holder.
- [Nobody Repairs Stuff Anymore!](https://garson-law.com/nobody-repairs-stuff-anymore/) - It is illegal to circumvent computer code. This prevents or inhibits repair of many systems.
- [Ask Dr. Copyright - Skyline Photography - Recent Case](https://garson-law.com/ask-dr-copyright-skyline-photography-recent-case/) - Two recent cases involving photographs of the Philadelphia and Indianapolis skylines illustrate what is, and isn't copyright infringement. The picture of Indianapolis was taken by lawyer Richard Bell, and Philadelphia was taken by photographer Bradley Maule.
- [Federal Government Will Step In to Stop California Privacy Law](https://garson-law.com/federal-government-will-step-in-to-stop-california-privacy-law/) - The effort to preempt the CPA is now underway. Executives of multiple companies that collect data appeared before Congress on September 26, demanding a new Federal law preempting the California CPA.
- [Ask Dr. Copyright - Music Modernization Act](https://garson-law.com/ask-dr-copyright-music-modernization-act/) - Congress just passed the "Orrin G. Hatch-Bob Goodlatte Music Modernization Act",
- [The Sound of a Ferrari](https://garson-law.com/the-sound-of-a-ferrari/) - All of this technology is to make a new Ferrari sound like an old Ferrari.
- [Supreme Court to Consider the On-Sale Patent Bar](https://garson-law.com/supreme-court-to-consider-the-on-sale-patent-bar/) - The question is, does the 'on-sale bar' apply to sales that do not disclose the invention? Any sale or offer for sale of a product, including a secret sale, triggered the 'on sale bar' whether or not the sale disclosed the invention.
- [Supreme Court Decides Patent Death Squads are (at least partly) Constitutional](https://garson-law.com/supreme-court-decides-patent-death-squads-are-at-least-partly-constitutional/) - The Supreme Court decided that inter partes review does not violate the right to trial by jury
- [First Trade War Success - China Extends Patent Protection for Drugs to 25 Years](https://garson-law.com/first-trade-war-success-china-extends-patent-protection-for-drugs-to-25-years/) - China has extended patent protection for drugs to 25 years, up from 20 years. The change brings China into line with the U.S. and Europe, which allow a drug maker extra patent life in recognition of the years of clinical trials required for a new drug.
- [Ask Dr. Copyright ...](https://garson-law.com/monkey-fights-for-copyrights/) - PETA says non-human, should have property rights and that PETA should be allowed to “administer and protect” those rights.
- [Why Are Federally-Financed Drugs So Expensive?](https://garson-law.com/why-are-federally-financed-drugs-so-expensive/) - KEI petitioned the Federal Gov't, alleging that Nusinersen is the result of gov't-funded research and the owner failed to notify the Gov't of the invention.
- [Ask Dr. Copyright - Lawyers Must Learn Cybersecurity](https://garson-law.com/ask-dr-copyright-lawyers-must-learn-cybersecurity/) - The legal profession has a special responsibility to safeguard our clients' information, which they entrust to us in order to permit us to advise them.
- [A Holiday IP Story](https://garson-law.com/a-holiday-ip-story/) - There is more than one way to to pursue copyright infringers who steal your recipes.
- [Ask Dr. Cybersecurity About Protecting Your Law Firm from Hackers](https://garson-law.com/ask-dr-cybersecurity-about-protecting-your-law-firm-from-hackers/) - Lawyer's most sensitive information are targeted by criminals, foreign spies, and other hackers. We offer courses on how to protect client information.
- [Smart Lady](https://garson-law.com/smart-lady/) - Hedy Kiesler Markey, an inventor of U.S. Patent 2,292,387 is Hedy Lamar
- [Ask Dr. Copyright -  Oracle Prevails over Google](https://garson-law.com/ask-dr-copyright-oracle-prevails-over-google/) - The case now goes back for a third trial - this time just about how much money Google owes Oracle. That will require the jury to decide how many Android devices have been sold, and how much Oracle is owed for each one, now, and in the future as well.
- [Another Reason that E-mail can be Dangerous](https://garson-law.com/another-reason-that-e-mail-can-be-dangerous/) - Employees do not have an expectation of privacy with respect to personal email on company computers
- [Ask Dr. Copyright -- Whether to Link or Not](https://garson-law.com/ask-dr-copyright-whether-to-link-or-not/) - If you're linking, and you're in the 9th Circuit, you're probably OK, but in the rest of the USA, it's a toss-up. If you're embedding in NY you have a problem.
- [Ask Dr. Copyright  - FLASH "DOC" Update - Naruto Lacks Standing](https://garson-law.com/ask-dr-copyright-flash-doc-update-naruto-lacks-standing/) - Animals lack standing to sue under the Copyright Act.
- [Tom Brady's Image Places Internet Linking In Peril](https://garson-law.com/tom-bradys-image-places-internet-linking-in-peril/) - New service providers prohibited from displaying images in posted tweets
- [The Audacity of [Patent] Hope](https://garson-law.com/the-audacity-of-patent-hope/) - The 'Stronger Patents Act' in the U.S. House and Senate contains numerous tweaks to overcome the unnecessarily destructive effects of PTAB review and would reverse a Supreme Court decision largely prohibiting injunctive relief for patent infringement.
- [Can State Governments Own Rights in Copyright?](https://garson-law.com/can-state-governments-own-rights-in-copyright/) - States are unable to register state laws in the copyright office. If the works have parts that are not laws then they may be subject to copyright protection.
- [NDA with the U.S. Government? ](https://garson-law.com/nda-with-the-u-s-government/) - In almost all cases, a non-disclosure agreement with a government official will not bind the Federal government.
- [Collecting Royalties After Your Patent Has Expired](https://garson-law.com/collecting-royalties-after-your-patent-has-expired/) - Court has determined that you cannot collect royalties on an expired patent
- [Trademark Infringement Cases on the Rise](https://garson-law.com/trademark-infringement-cases-on-the-rise/) - New and start up businesses need to be wary of their choice of trademarks. A state and federal clearance search of the proposed mark is essential and consultation with a trademark attorney should be a high priority given the current climate and increase in trademark litigation.
- [Free Mickey Mouse!](https://garson-law.com/free-mickey-mouse/) - Congress may not consider another extension to the Copyright Act
- [©   2017 Solid Oak Sketches?](https://garson-law.com/2017-solid-oak-sketches/) - Solid Oak Sketches claims to own the copyright of tattoo designs worn by NBA stars Lebron James, Kobe Bryant, Kenyon Martin, DeAndre Jordan and Eric Bledsoe.
- [China Embraces Patents in a Big Way](https://garson-law.com/china-embraces-patents-in-a-big-way/) - China is becoming a viable patenting target and patent searches will cost more because of the rapidly growing body of Chinese prior art.
- [Ask Dr. Copyright -- Grumpy Cat](https://garson-law.com/ask-dr-copyright-grumpy-cat/) - It seems that the jury agreed that Grenade had exceeded the scope of the license it had negotiated
- [Business Resources for Entrepreneurs](https://garson-law.com/business-resources-for-entrepreneurs/) - Do you have an idea for a great new patentable product and trademark? Of course you do - you're reading this newsletter, after all. But do you know how to commercialize your product and trademark; that is, how to turn your ideas into money? Before you can make money with your ideas, you must learn
- [Emoji Madness](https://garson-law.com/emoji-madness/) - Courts are going to evaluate emojis and emoticons as they do any literal evidence. Contracting parties should use them with care
- [It's Halloween!  Time to Preserve Corpses](https://garson-law.com/its-halloween-time-to-preserve-corpses/) - Consider Joseph Karwowski's invention (U.S. patent 748,284 issued December 29, 1903)
- [Science and the Court:  Let's Get Educated](https://garson-law.com/science-and-the-court-lets-get-educated/) - Until more judges come to the bench with a technical education, or admit that expert guidance would be helpful, our intellectual embarrassment will continue.
- [Ask Dr. Copyright about What is Intellectual Property](https://garson-law.com/ask-dr-copyright-about-what-is-intellectual-property/) - Patents, trademarks, and copyrights all protect non-tangible things that people dream up
- [Doing Business Abroad? Be Prepared!](https://garson-law.com/doing-business-abroad-be-prepared/) - The USPTO works closely with other federal agencies to protect and enforce American IP rights abroad.
- [On-Sale and Public Use Bars - Federal Circuit Rejects USPTO Position](https://garson-law.com/on-sale-and-public-use-bars-federal-circuit-rejects-uspto-position/) - Make sure that you file your patent application before you use an invention in public or sell or offer an invention for sale.
- [Ask Dr. Copyright about Fearless Girl and Copyright Appropriation](https://garson-law.com/ask-dr-copyright-about-fearless-girl-and-copyright-appropriation/) - Has Fearless Girl infringed on the artistic rights embodied in Charging Bull? Do artists have the right to control the context of their works?
- [Ask Dr. Copyright about the "Administrative State"](https://garson-law.com/ask-dr-copyright-about-the-administrative-state/) - Some in powerful quasi-governmental positions have been attacking the "administrative state" saying it must be "dismantled". How would the PTO faire?
- [Supreme Courts Decides Apple v Samsung (just kidding) ](https://garson-law.com/supreme-courts-decides-apple-v-samsung-just-kidding/) - The unanimous court decided that the 'total profit' can be for a component, or it can be for the whole phone. The Supreme Court refused to make any pronouncements on how damages should be calculated and sent the matter back to the Federal Circuit for better briefs from Apple and Samsung
- [Common-Law Copyright Redux](https://garson-law.com/common-law-copyright-redux/) - New York Court Appeals determines that there is no common law right of performance in NYS for pre February 1972 sound recordings.
- [Congress Left It Up To The States To Protect Pre-1972 Sound Recordings](https://garson-law.com/congress-left-it-up-to-the-states-to-protect-pre-1972-sound-recordings/) - Pre-1972 sound recordings are protected under state law
- [The Liberation of "We Shall Overcome"](https://garson-law.com/the-liberation-of-we-shall-overcome/) - "We Shall Overcome," the anthem of the civil rights, is the subject of a copyright suit pitting private ownership against the public domain
- [The Protectionist Patent System](https://garson-law.com/the-protectionist-patent-system/) - The nature of the patent system is to create wealth out of the thin air where nothing existed before.
- [Ask Dr. Copyright ... Are Fashion Designs Protectable?](https://garson-law.com/ask-dr-copyright-are-fashion-designs-protectable/) - The Couirt is being asked whether the designs - chevrons, zigzags, and stripes on uniforms qualify for copyright as "pictorial, graphic, or sculptural works".
- [Yes, Virginia, there are Zombies!](https://garson-law.com/yes-virginia-there-are-zombies/) - What do zombie genes have to do with intellectual property law? Not a thing. Happy Halloween!
- [Ask Dr. Copyright -- Music Infringement in the Digital Age](https://garson-law.com/ask-dr-copyright-music-infringement-in-the-digital-age/) - Until recently, our copyright laws gave much more weight to the commonly recognizable melodic elements, and much less to the overall style
- [Ask Dr. Copyright -- Plagiarism vs. Infringement](https://garson-law.com/ask-dr-copyright-plagiarism-vs-infringement/) - Plagiarism, on the other hand, is not a legal term. It is not the same as infringement.
- [It Was About time...](https://garson-law.com/it-was-about-time/) - The Supreme Court has decided a case that increases the risks of deliberate infringement by making it easier for trial court to award treble damages
- [Ask Dr. Copyright... About Klingon](https://garson-law.com/ask-dr-copyright-about-klingon/) - copyright protects only expression, and not useful things like languages.
- [Ask Dr. Copyright ... DTSA Immunization](https://garson-law.com/ask-dr-copyright-dtsa-immunization/) - The DTSA immunizes you from liability under federal and state trade secret laws if you disclose trade secrets in confidence to fficials and attorneys,
- [Defend Trade Secrets Act - A New Federal Cause of Action](https://garson-law.com/defend-trade-secrets-act-a-new-federal-cause-of-action/) - On May 11, 2016, President Obama signed the Defend Trade Secrets Act ("DTSA" or "Act"). The DTSA is an important piece of legislation - learn more about it here
- [Ask Dr. Copyright... Is Mayo Patentable](https://garson-law.com/ask-dr-copyright-is-mayo-patentable/) - It's a case decided by the Supreme Court (Mayo Collaborative Servs. v. Prometheus Labs., Inc.) about how you figure out if an invention is patentable.
- [Supreme Court Dabbles in Patent Law, Again](https://garson-law.com/supreme-court-dabbles-in-patent-law-again/) - Samsung argues that the damages should be the profits from the sale of that component, not the entire product, and that is the issue that the Supreme Court has agreed to consider.
- [Ask Dr. Copyright...About Trade Secrets](https://garson-law.com/ask-dr-copyright-about-trade-secrets/) - The DSTA is a major step forward because before this law, trade secrets were only protected under various state laws, and many of these laws were very weak.
- [The Functional Design Patent](https://garson-law.com/the-functional-design-patent/) - The most important question that the courts will consider in determining whether a design element is too functional for design patent protection is whether there are alternative designs that a competitor can use to perform the same function. 
- [Want to Collect Attorney's Fees?  Explain Why You Don't Infringe!](https://garson-law.com/want-to-collect-attorneys-fees-explain-why-you-dont-infringe/) - Most parties to litigation have to pay their own attorneys' fees.
- [Oracle, Say It's Not So!](https://garson-law.com/oracle-say-its-not-so/) - The Federal Trade Commission both announced charges of deception against Oracle and that those claims have been settled.
- [Internships: It's Not Just Another Free Employee](https://garson-law.com/internships-its-not-just-another-free-employee/) - The following six criteria must all be met in order for companies to lawfully offer unpaid internships
- [The Bride of Patent Reform II Returns, Again](https://garson-law.com/the-bride-of-patent-reform-ii-returns-again/) - Competing patent reform bills are already pending in Congress.
- [Stopping a Patent](https://garson-law.com/stopping-a-patent/) - Consider the following situation: you learn that your competitor has a pending U.S. patent application for a product that you make. Any resulting patent could be disastrous for your company. What can you do to stop or limit your competitor's application? The PTO has proposed a new rule that would allow you to notify your
- ['Justice Delayed is Justice Denied'*](https://garson-law.com/justice-delayed-is-justice-denied/) - Unless the courts quickly resolve disputes, there is no justice. As former Chief Justice Warren E. Burger said: "A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to
- [An Obvious Solution to a  Non-Obvious Problem](https://garson-law.com/an-obvious-solution-to-a-non-obvious-problem/) - 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
- [Google Patent Search has New Features and New Powers](https://garson-law.com/google-patent-search-has-new-features-and-new-powers/) - 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
- [Beware the Ides of March (well, almost the Ides)](https://garson-law.com/beware-the-ides-of-march-well-almost-the-ides/) - We've said it before, but it bears repeating. Remember that on or after March 17, 2013, you MUST protect your invention before offering the invention for sale or using the invention in public. Otherwise, you lose your U.S. patent rights instantly and forever. This is a major change in the law and requires an entirely
- [Unified European Patent](https://garson-law.com/unified-european-patent/) - If you want to protect a product by patent in Europe today, you generally will file an application in the European Patent Office ("EPO"). When your application is (eventually) reviewed and approved by the EPO, you then must register the approved application with each individual European country in which you desire a patent and must
- [PTO Patent Fees for the 'Micro Entity'](https://garson-law.com/pto-patent-fees-for-the-micro-entity/) - After March 16, 2013 you may qualify as a 'micro entity' and be entitled to patent fee discounts from the PTO of 75% off large entity rates.
- [PAY ATTENTION:  Crucial Deadline for Inventors Is Looming!!](https://garson-law.com/pay-attention-crucial-deadline-for-inventors-is-looming/) - There is an absolutely crucial patent deadline coming up on March 17, 2013 due to a change in U.S. patent law.
- [The Rush to Meet the March 16th Patent Deadline](https://garson-law.com/the-rush-to-meet-the-march-16th-patent-deadline/) - As we have said before, U.S. patent law changed on March 16. Now, after March 16, patent rights are terminated and lost forever if (a) no patent application has been filed, and (b) there has been a sale or offer for sale of the invention, a public use of the invention, description of the invention in a printed publication, or the invention is 'otherwise available to the public.'
- [The Statutory Invention Registration (SIR) is No More](https://garson-law.com/tthe-statutory-invention-registration-sir-is-no-more/) - As of March 16, 2013 the PTO stopped accepting or reviewing applications for SIRs
- [To Disclose or Not to Disclose ... That is the Question](https://garson-law.com/patent-application-non-disclosure-agreement/) - You have two options: (a) bite the bullet and file a patent application, or (b) have the persons with whom you are consulting sign non-disclosure agreements. A non-disclosure agreement is a written contract between you and the person to whom you disclose the invention.
- [PTO's 'After Final Consideration' Pilot Program](https://garson-law.com/ptos-after-final-consideration-pilot-program/) - Patent filers can ask for additional consideration under the 'after final consideration' pilot program. The 'after final consideration' program gives the examiner extra time to review the patent application .
- [Provisional Patent Applications - File Early and Often](https://garson-law.com/provisional-patent-applications-file-early-and-often/) - A provisional patent application is a temporary application that provides patent-pending status for one year.
- [PTO's Secret SAWS Program](https://garson-law.com/ptos-secret-saws-program/) - We first learned that the U.S. PTO had a secret program in 2006; not much else has come to light but it is called the Sensitive Application Warning System
- [PTO Axes the SAWS Program](https://garson-law.com/pto-axes-the-saws-program/) - The PTO intended that its secret Sensitive Application Warning System ('SAWS') program would avoid embarrassment to the agency. Now it is gone.
- [Patent Reform Legislation forwarded to the full U.S. Senate](https://garson-law.com/patent-reform-legislation-forwarded-to-the-full-u-s-senate/) - The proposed Patent Reform Act of 2011 and will be considered by the full Senate when it reconvenes beginning today,
- ["America Invents Act" Clears U.S. Senate, On to the House](https://garson-law.com/america-invents-act-clears-u-s-senate-on-to-the-house/) - The most important changes to current patent law are to the time when the inventor must file a patent application to protect his or her patent rights. These changes may be referred to as 'absolute novelty' and 'first to file,' discussed separately below.
- [Guest Editorial - Congress Needs Your Input About the Proposed Patent Law](https://garson-law.com/guest-editorial-congress-needs-your-input-about-the-proposed-patent-law/) - David E. Boundy, Vice President, Assistant General Counsel Intellectual Property at a well-known financial services firm, in Boston MA, has asked patent practitioners around the country to post information about the patent bill now in its final stages of consideration by the U.S. Congress. The patent lawyers at Lipton, Weinberger & Husick have regularly devoted
- [House of Representatives Passes the 'America Invents Act'](https://garson-law.com/house-of-representatives-passes-the-america-invents-act/) - On Friday (June 24, 2011), the U.S. House of Representatives passed the 'America Invents Act,' a version of which already has passed the U.S. Senate.
- [BROKEN! (PAT.PEND.)](https://garson-law.com/broken-pat-pend/) - The pending legislation is rife with land-grabs, give-aways, and theft of the fees paid by inventors to have their applications examined, and will do little to either decrease the time it takes to get a patent, or increase the quality of patents.
- [Crucial Information for Inventors](https://garson-law.com/crucial-information-for-inventors/) - The America Invents Act at section 102 changes the way that inventors and companies that own inventions do business.
- [America Invents Top 10 List](https://garson-law.com/america-invents-top-10-list/) - Top ten changes caused by the America Invents Act
- [Patent Reform Signed into Law](https://garson-law.com/patent-reform-signed-into-law/) - On September 16, 2011 President Obama signed the 'America Invents Act' into law. More than five years in the making, the Act will have profound consequences for inventors, for companies whose employees create inventions and for persons accused of patent infringement.
- [America Invents Act, Part 2: 'Prior Art'](https://garson-law.com/america-invents-act-part-2-prior-art/) - To determine whether an invention is novel and unobvious, the PTO and the courts will compare the invention to the prior art. The term 'prior art' generally refers to things that people have created and that become available to the public, such as patents, published patent applications, treatises, articles, advertisements, web sites, designs, products and the like.
- ['Best Mode' Under the America Invents Act](https://garson-law.com/best-mode-under-the-america-invents-act/) - 'Best mode' is the requirement that a patent applicant disclose the best way that the applicant knows to practice an invention. The purpose of the 'best mode' requirement is to fulfill the public disclosure goals
- [Changing of the Guard at the PTO](https://garson-law.com/changing-of-the-guard-at-the-pto/) - David J. Kappos has announced that he will depart as the Director of the U.S. Patent and Trademark Office at the end of January. His replacement has not been announced. Kappos has led the PTO since 2009 and filled a leadership vacuum at the PTO dating from the last few years of the last administration.
- [$9.7 Million Judgment in Trade Secrets Case](https://garson-law.com/9-7-million-judgment-in-trade-secrets-case/) - Applying the Utah version of the Uniform Trade Secrets Act, the Court awarded actual damages and punitive damages to Clearone and issued injunctions against the defendants
- [Don’t Forget Trade Secrets](https://garson-law.com/dont-forget-trade-secrets/) - Unlike its patent, trademark and copyright brethren -- creatures of federal law -- trade secret protection is controlled by state law.
- [The Secret of the Nooks and Crannies](https://garson-law.com/the-secret-of-the-nooks-and-crannies/) - Secrecy may not be the best option for protecting ideas whose value derives from communicating them to the public. On the other hand, commercial recipes, formulae, and algorithms not only derive their value from confidentiality but their value may actually be enhanced by a cloak of secrecy. The "Coca-Cola" recipe is one of the best known and oldest trade secrets whose value is probably worth billions.
- [Is Coca-Cola's Trade Secret Recipe Still a Trade Secret?](https://garson-law.com/is-coca-colas-trade-secret-recipe-still-a-trade-secret/) - In general, a trade secret is entitled to protection in the courts only so long as the owner of the trade secret takes reasonable precautions to keep the information secret.
- [So You Think Your Trade Secrets Are Protected...](https://garson-law.com/so-you-think-your-trade-secrets-are-protected/) - You and every person on your team who communicates with another party under a non-disclosure agreement MUST be aware of what information is confidential and the necessary steps to protect the confidential information under a non-disclosure agreement.
- [To Hold or Not to Hold](https://garson-law.com/to-hold-or-not-to-hold/) - Assuming that the holding company's relationship with its parent is arms' length and that it obeys all the appropriate corporate formalities, isolating the intellectual property protects the holding company from lawsuits against the parent, claims of the parent's creditors, and the parent's insolvency.
- [You Have the Right to Remain Silent...](https://garson-law.com/you-have-the-right-to-remain-silent/) - 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 (Summer Reading Edition)](https://garson-law.com/ask-dr-copyright-summer-reading-edition/) - Dear Doc: I'm going to the beach and I am tired of re-reading old spy novels. Know any exciting books about intellectual property law? Signed, Eccentric Beachbum Dear EB: Absolutely! The "Doc" just loves a good suspenseful mystery, and in the Doc's opinion, there is none better than William Rosen's The Most Powerful Idea in
- [First Sale Doctrine Goes Digital -- or Does It?](https://garson-law.com/first-sale-doctrine-goes-digital-or-does-it/) - 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,
- [Federal Courts' Continued Hostility Toward Complex Patent Issues](https://garson-law.com/federal-courts-continued-hostility-toward-complex-patent-issues/) - Inventors and patent owners should beware that having a large number of claims that cover a complex invention may cause judges to run for cover, rather than to impartially preside over an attempt to enforce the patent in litigation
- [Who Pays For Patent Litigation?](https://garson-law.com/who-pays-for-patent-litigation/) - 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
- [When is a Patent Owner Entitled to a Court Order Stopping Infringement?](https://garson-law.com/when-is-a-patent-owner-entitled-to-a-court-order-stopping-infringement/) - Consider this scenario: you have gone to all the time and expense to obtain a patent from the U.S. Patent and Trademark Office. You have launched your product and your sales are good. Now a pirate is copying your product and stealing your sales. Are you entitled to a court order stopping infringement of your
- [To Be, or Not To Be..](https://garson-law.com/patent-law-statute-nature-abstract-idea/) - The meaning of "abstract" lies hidden under the murky waters of patent law involving much judicial semantic nonsense promulgated in major part by the U.S. Supreme Court. One interpretation is that a basic idea of an invention is abstract if it totally captures all possible uses of an idea.
- [Beware of the On-Sale Bar](https://garson-law.com/beware-of-the-on-sale-bar-hamilton-beach-case/) - The on-sale bar requires (a) a commercial sale or offer for sale of (b) an invention that is ready for patenting.
- [Patent Litigation: Collecting Attorney's Fees Just Got Easier!](https://garson-law.com/patent-litigation-collecting-attorneys-fees-just-got-easier/) - The effect of the decisions is to transfer power from the Federal Circuit to the district court judges who hear the witnesses, see the evidence, and observe the litigation behavior of the parties.
- [Inducing Patent Infringement: New Case May Reach the U.S. Supreme Court](https://garson-law.com/inducing-patent-infringement-new-case-may-reach-the-u-s-supreme-court/) - The infringer is liable if the patent owner can show that the infringer 'induced;' that is, caused, someone else to make, use or sell the machine or drug and that other person actually did make, use or sell the machine or drug.
- [Ask Dr. Copyright ...Patent Trolls and Extortion](https://garson-law.com/patent-troll-extortion/) - It has been pointed out that it costs millions of dollars to defend against a patent infringement law suit, and that these suits take years to work their way through the courts. True. But the same is true of other high-stakes business litigation in many fields. It's not only the "trolls" who suffer from our less than efficient court system
- [Busy, Busy, Busy](https://garson-law.com/limelight-v-akamai-2014/) - Inducement of infringement occurs when one person causes, or induces, another person to infringe a patent.
- [Trademark Trial and Appeal Board Decisions Assume New Importance Says the U.S. Supreme Court!](https://garson-law.com/trademark-trial-and-appeal-board-decisions-assume-new-importance-says-the-u-s-supreme-court/) - Court sets new standard for treating TTAB decisions by giving preclusive effects to some decisions related to confusion in the marketplace
- [John Wayne's Estate and Duke U. engage in TM Dispute](https://garson-law.com/john-wayne-v-duke-university-trademark-battle/) - John Wayne's Estate and Duke University engage in trademark dispute over who owns the rights DUKE.
- [When will a Federal court order a patent infringer to stop infringing?](https://garson-law.com/when-will-a-federal-court-order-a-patent-infringer-to-stop-infringing/) - Court holds that Apple must demonstrate irreparable injury to prevail against Samsung
- [Is Facebook Your Friend?](https://garson-law.com/is-facebook-your-friend/) - Do you have a Facebook Account? Do you realize that every time you click the "Like" button for a product, service or website, Facebook may distribute a paid advertisement ("a sponsored story") using your name to all of your "Friends" suggesting that you are recommending the product or service? While Facebook is described in the
- [Privacy in the Age of Apps](https://garson-law.com/privacy-in-the-age-of-apps/) - If you use or develop online software or smartphone "apps" then you need to know about CalOPPA. No, that's not some form of steam-driven musical device from an old-time carousel. It's the California Online Privacy Protection Act, and it has very real consequences for any company that does business online. This month, the State of California
- [Patentable Subject Matter, the Sequel](https://garson-law.com/myriad-discovery-genes-patentable/) - The Supreme Court decided that the naturally occurring genes that Myriad located and isolated are a 'product of nature,' fall within the 'law of nature' exception and are not patentable; however, genes that were modified by Myriad are patentable.
- [Taylor Swift versus Apple versus Photographers](https://garson-law.com/taylor-swift-versus-apple-versus-photographers/) - Taylor Swift criticizes Apple but photographers call her a hypocrite
- [From Brain Drain to Brain Flow](https://garson-law.com/from-brain-drain-to-brain-flow/) - 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
- [Federal Circuit Decision Addresses the Unfairness of 'Inequitable Conduct'](https://garson-law.com/federal-circuit-decision-addresses-the-unfairness-of-inequitable-conduct/) - The Federal Circuit made clear that an action or failure to act of the applicant must be both 'material' (that is, important) and also demonstrate a 'specific intent to deceive' the PTO to amount to inequitable conduct barring enforcement of a patent.
- [ICAAN Changes the Web!](https://garson-law.com/icaan-changes-the-web/) - ICANN's board voted to permit top level domain names to "end with almost any word in any language, offering organizations around the world the opportunity to market their brand, products, community or cause in new and innovative ways."
- [LWH Reclaims Domain Name from Marchex Sales](https://garson-law.com/lwh-reclaims-domain-name-from-marchex-sales/) - To rescue our client's domain name, Garson filed an administrative action with the National Arbitration Forum (NAF) under the Uniform Domain-Name Dispute Resolution Policy (UDRP). The UDRP is a procedure sanctioned by the Internet Corporation for Assigned Names and Numbers and is available to anyone who has a domain name dispute.
- [New gTLD's ... New Burdens](https://garson-law.com/new-gtlds-new-burdens/) - The roll out of the new domains has been slow-paced, however, as registrars come on line with the new domains (after paying hefty application and registration fees) some trademark experts worry that the explosion of top level domains places too much burden on brand owners
- [LWH Scores Another Success Against Domainer](https://garson-law.com/lwh-scores-another-success-against-domainer/) - Had Marchex performed a simple Internet search before registering its domain, it would have learned that it was identical to another companies' trademark. That was a good enough reason for the arbitrators to order Marchex to transfer the domain name to its rightful owner,
- [Major League Baseball Should Play Fair with Fair Use](https://garson-law.com/major-league-baseball-should-play-fair-with-fair-use/) - 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
- [The Dead Hand of William Faulkner Claims Foul](https://garson-law.com/the-dead-hand-of-william-faulkner-claims-foul/) - The estate of William Faulkner is furious. In the past month it has filed two copyright infringement lawsuits, one against Sony Picture Classics and another against Northrop Grumman Corporation and the Washington Post Company. In the Sony case, the Faulkner Estate claims that Sony infringed Faulkner's copyright in the famous phrase from Requiem for a
- [Thicke and Tired of Dumb Litigation](https://garson-law.com/robin-thicke-pharell-williams-copyright-infringement/) - Marvin Gaye's kids said in public that Thicke et al. misappropriated certain musical elements of "Gotta Give it Up", Gaye's blockbuster 1977 hit. Music litigation.
- [Commentary:  Queen of Hearts: "Off with His Head!"](https://garson-law.com/commentary-queen-of-hearts-off-with-his-head/) - , the language in Alice can and has been read more generally to suggest that methods of organizing human interactions are mere ideas and therefore are abstract.
- [See the Amazing Shrinking Software Patent (Before It's Gone)](https://garson-law.com/planet-blue-v-activision/) - The lower courts now are applying the Alice decision to computer-related inventions unrelated to old business methods.
- [Ask Dr. Copyright ...](https://garson-law.com/ask-dr-copyright-30/) - Under federal copyright law (17 U.S.C. §101 et seq.) works created by the federal government cannot be protected by copyright law - the taxpayers paid for it, so we all get the right to use it. For entirely other reasons, non-human animals cannot be authors, and there is no copyright for what they create - it's also in the public domain.
- [Hit Show Upsets Pennsylvanians (and others)!](https://garson-law.com/amish-mafia-trademark-case/) - No doubt, under Pennsylvania statutory law, the Discovery Channel would have the same problems registering AMISH MAFIA in Pennsylvania as it does on the federal level.
- [Ask Dr. Copyright ...](https://garson-law.com/lettuce-turnip-the-beet-gymboree/) - If you, too, have a short phrase that you wrote on a slip of paper and mailed to yourself, thinking that you now have a copyright, be sure to speak to one of the attorneys at LW&H. They will gently tell you that you've wasted a stamp, and help you to get actual legal protection for your products.
- [Trademarks, Personal Names, and Chocolate](https://garson-law.com/trademarks-personal-names-and-chocolate/) - A client recently asked whether he could apply to register his personal name as a trademark. Of course, just ask Lebron James, Sarah Palin, Arnold Schwarzeneggr, or Elvis (if you catch sight of him), all of whom registered their names as trademarks.
- [Skins Lose Trademark Game Before the TTAB](https://garson-law.com/skins-lose-trademark-game-before-the-ttab/) - the law states that whether a term such as "redskins" is disparaging to Native Americans, one must reference the views of Native Americans, not the the American public as a whole.
- [Ask Dr. Copyright ...](https://garson-law.com/aereo-violates-copyrights-of-broadcasters/) - the Supreme Court decided that Aereo's service violated the copyrights of the broadcasters
- [Be Afraid. Be Very Afraid.1](https://garson-law.com/be-afraid-be-very-afraid-1/) - A cyber security firm called Norse maintains what it claims to be a dynamic, real-time map of cyber attacks
- [Ask Dr. Copyright ...](https://garson-law.com/ask-dr-copyright-27/) - Now, the recording and movie industries, together with other publishers, want a new right that they claim arises from international treaties that the United States signed a few years ago: the "making available" right.
- ["Raging Bull" and "Stairway to Heaven" --  Old But Not Forgotten](https://garson-law.com/raging-bull-and-stairway-to-heaven-old-but-not-forgotten/) - the Supreme Court clarified confusion among lower courts about whether the doctrine of laches (also known as unreasonable delay) could bar a lawsuit for copyright infringement.
- [Employer's To-Do List: Get Invention Assignments from All Employees](https://garson-law.com/peregine-semiconductor-v-rf-micro-devices/) - Make absolutely sure that every employee has signed an agreement assigning patent rights to all company inventions to the company. The agreement can be in the employment agreement and can apply to inventions that the employee has not yet created.
- [Google Street View Revisited...](https://garson-law.com/google-street-view-revisited/) - While Google did lose the infringement litigation, if Street View was ever down it was back on line by the time our newsletter published.
- [Ask Dr. Copyright ...](https://garson-law.com/automatic-copyright-protection/) - When it comes to simple and effective protection of intellectual property, you just can't beat copyright.
- [The Supreme Court Weighs In...](https://garson-law.com/the-supreme-court-weighs-in/) - The Court will be busy with patent, copyright and trademark cases over the next few months. The following are a few highlights.
- [Follow Up: Anne Frank's Copyright](https://garson-law.com/follow-up-anne-franks-copyright/) - The copyright of Anne Frank's diary expired and at the text has been posted for the public
- [Ask Dr. Copyright ... Copyrights have Assumed New Importance](https://garson-law.com/ask-dr-copyright-23/) - Over the years since about 1976, Congress has lengthened copyright time and again, so that instead of 14 years, it now lasts for the life of the author, plus 70 years, or for 95 years from publication or 120 years from creation whichever is shorter, if the work is not registered by the author under her own name (works for hire, anonymous or pseudonymous.)
- [State of the Union - The Innovation Act](https://garson-law.com/state-of-the-union-innovation-act/) - The status of Bill H.R. 3309. H.R. 3309 would certainly avoid the defendant's costs of patent infringement litigation, but it would also severely limit the value of inventions and patents.
- [Ask Dr. Copyright ...](https://garson-law.com/ask-dr-copyright-22/) - Copyright Law Highlights 2013
- [Copyright Law Forces Beatles' Hand ....](https://garson-law.com/copyright-law-forces-beatles-hand/) - In Europe, copyright law secured rights in published sound recordings for 50 years after the date of release. For many of the early Beatle recordings, that anniversary has passed or is approaching.
- [Ask Dr. Copyright ...](https://garson-law.com/google-books-project-copyright/) - Copyright holders say: "Google made unauthorized digital editions of nearly all of the world's valuable copyright-protected literature and profits from displaying those works. In our view, such mass digitization and exploitation far exceeds the bounds of the fair use defense."
- [The Diary of Anne Frank was Also Written by Her Father (or so they say)!](https://garson-law.com/the-diary-of-anne-frank-was-also-written-by-her-father/) - Yes. Learn how the author copyright for the book, The Diary of Anne Frank was updated.
- [What's So "Efficient" About Patent Infringement?](https://garson-law.com/whats-so-efficient-about-patent-infringement/) - "Patent trolls" and the concept of efficient infringement of patent rights. This idea is that large companies ignore patents completely, taking a "sue me" attitude.
- [Ask Dr. Copyright...](https://garson-law.com/ask-dr-copyright-15/) - 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
- [Changes in U.S. Design Patent Law](https://garson-law.com/changes-in-u-s-design-patent-law/) - U.S. is about to join the "Hague Agreement Concerning the International Deposit of Industrial Designs" so expect some changes related to design patents
- [The Naked Truth About Fair Use Applied to Trademarks](https://garson-law.com/the-naked-truth-about-fair-use-applied-to-trademarks/) - Court holds that CBS' use of Naked Cowboy to be fair use.
- [Ask Dr. Trademark... FDA Regulates Names for Drugs](https://garson-law.com/fda-division-medication-error-prevention-analysis/) - Unlike regular trademarks for things like tractors, condoms and laundry detergent, names used on drugs are supposed to be unique, not confusing, and truthful. There is even an office at the US Food and Drug Administration (FDA) that is supposed to approve trademarks for drugs in an effort to prevent the over 1.3 million injuries each year that result from drug name confusion.
- [Check Those Employee Handbooks!](https://garson-law.com/national-labor-relations-social-media-employees/) - employers must give careful consideration before firing an employee for what he or she says on the Internet. We strongly recommend that employers review these reports and also consider the implications of the rulings for employee handbooks.
- [Lessons Learned - Read Your Software Licenses Carefully!](https://garson-law.com/lessons-learned-read-your-software-licenses-carefully/) - Novelis argued that under Ohio state merger laws, the change in ownership of the software did not amount to a transfer of the license. The Court of Appeals disagreed, holding that state law does not control the assignability of patent or copyright licenses and to permit so would "undermine the reward that encourages invention."
- [IPad Trademark Disputes Continue to Haunt Apple](https://garson-law.com/ipad-trademark-disputes-continue-to-haunt-apple/) - Trademark lawyers often enjoy following trademark disputes involving famous trademarks. If you haven't heard about Apple Computer's court battle over ownership rights for the "iPad" trademark in China, read on. The Chinese owner of the "iPad" trademark is not Apple but a beleaguered video display manufacturer known as Proview. In 2001, Proview obtained rights to the
- [Ask Dr. Copyright…Why You Shouldn't Buy Software on E-Bay](https://garson-law.com/ask-dr-copyright-7/) - Court ruled that since software is "licensed" and not "sold", the software companies are able to insert legal language into the licenses to prevent transfer of the software from the original licensee to anyone else.
- [Lawrence Husick to Present on "Understanding Cyberspace as a Battlefield"](https://garson-law.com/lawrence-husick-to-present-on-understanding-cyberspace-as-a-battlefield/) - Because cyberwar weapons are computers, networks, routers and compilers, there are few who genuinely understand the battlefield, and fewer who understand the goals, strategies and tactics necessary to develop both an offensive capability and a defensive stance.
- [Ask Dr. Copyright....](https://garson-law.com/ask-dr-copyright-10/) - Without a non-compete agreement that is reasonable in scope and duration, the law usually will not prevent competition between you and your former employee
- [The United States Supreme Court Sends a Message](https://garson-law.com/the-united-states-supreme-court-sends-a-message/) - The Supreme Court reminds employees that their privacy expectations in the workplace may not be what they believe
- [In Pennsylvania, Attorney-Client Privilege is Now a Two-Way Street](https://garson-law.com/in-pennsylvania-attorney-client-privilege-is-now-a-two-way-street/) - The history of the attorney-client privilege is long, and the policy exists so that citizens may seek the advice of any attorney with full disclosure and candor, knowing that what is said to the attorney must be held in strict confidenc
- [Six Strikes and You're Out (of Internet Access) ...](https://garson-law.com/isp-copyright-infrginement-notice-cci/) - When it knows of or suspects online infringing conduct, a content provider will send an ISP a notice of copyright infringement. The ISP will in turn forward the notice in the form of an "alert" to the offending subscriber.
- [Abusive Patent Enforcement - The States Step Up](https://garson-law.com/abusive-patent-enforcement-the-states-step-up/) - Draft bills are under discussion in Congress to deal with the issue of abusive patent enforcement. The draft bills would require patent owners to present much more information to defendants in the complaint.
- [Loosely Organize those Loose Photos then Seek Copyright Protection ...](https://garson-law.com/photography-collection-registration-orderly-form-copyright/) - Registration of an unpublished "collection" extends to each copyrightable element in the collection and to the authorship, if any, involved in selecting and assembling the collection.
- [Protecting the Latest Food Sensation](https://garson-law.com/protecting-the-latest-food-sensation-cronuts/) - Trademark law doesn't work and copyright law does not protect recipes.
- [Ask Dr. Copyright...Aero Inc.](https://garson-law.com/ask-dr-copyright-19/) - Aereo is a company that has developed a tiny (postage stamp-sized) digital television antenna. They put thousands of them on panels and mount them on buildings where the digital TV signal is strong and clear. Then they link each antenna to a multi-tuner and a DVR, and put that online on the Internet.
- [Ask Dr. Copyright -- A case of "standing"](https://garson-law.com/supreme-court-standing-meaning/) - 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.)
- [The Berne Convention: Mother of All Copyright Treaties](https://garson-law.com/the-berne-convention-mother-of-all-copyright-treaties/) - The Berne Convention was first adopted in Berne, Switzerland in 1886 and requires its signatory countries to safeguard the copyrights of a work created in other signatory countries as it would protect those of its own country.
- [Quick Patent Application Review for Green Technologies](https://garson-law.com/quick-patent-application-review-for-green-technologies/) - If your invention will result in a cleaner environment or reduced use of fossil fuels, you have a cheaper and faster alternative - the Green Technology Pilot Program.
- [French Fries Sue Crabs...What Next?](https://garson-law.com/french-fries-sue-crabs-what-next/) - Trademark owners have a legal duty to defend their trademarks. In the process, however, a trademark owner can lose its rights if the alleged infringer is able to prove in court that the mark is generic or, put another way, lacks distinctiveness. Command is no you to buy
- [The 'First Sale' Doctrine and Why You Shouldn't Rely on Google (or Your Friends) as Your Lawyer](https://garson-law.com/the-first-sale-doctrine-and-why-you-shouldnt-rely-on-google-or-your-friends-as-your-lawyer/) - Under the First Sale doctrine, the law requires that the goods be "lawfully made" under the Act.
- [USPTO Re-Starts "Fast Track" for Patents](https://garson-law.com/uspto-re-starts-fast-track-for-patents/) - As of September 26, 2011, you can now pay for quick review of your patent application.
- [Copyright Infringement and The Vanishing Corporate Veil](https://garson-law.com/copyright-infringement-and-the-vanishing-corporate-veil/) - Copyright is a strict liability tort; therefore there is no corporate veil and all individuals who participate are jointly and severally liable
- [LWH Tests Facebook's Intellectual Property Protection Program](https://garson-law.com/lwh-tests-facebooks-intellectual-property-protection-program/) - The efficiency and speed of the Facebook intellectual property procedures were impressive.
- [Treb Lipton (1942-2011)](https://garson-law.com/treb-lipton-1942-2011/) - For myself and the present and former members of Lipton, Weinberger & Husick - we extend our condolences to Treb's family, and to all those who knew our partner. His skill, knowledge and integrity will continue to guide the manner in which we practice law - with professionalism, respect, courtesy, and more than a bit of humor.
- [Ask Dr. Copyright....A genuine transfer of rights is necessary before starting copyright law suits](https://garson-law.com/ask-dr-copyright-9/) - Righthaven did not own the copyrights, and was not even the exclusive licensee of the rights. Under the law, Righthaven did not have "standing" to sue for infringement.
- [Protecting Your Trademark from XXX](https://garson-law.com/protecting-your-trademark-from-xxx/) - To bring some protection from unintended exposure to pornographic websites, the international body that administers the Internet Domain Name system has approved a new domain: .xxx (dot triple-x).
- [New Opportunity For Patent Applicants.](https://garson-law.com/new-opportunity-for-patent-applicants/) - In a pilot program that began May 16, 2011, any patent applicant can have an interview with the patent examiner early in the process BEFORE the examiner issues the first office action.
- [Ask Dr. Copyright: The Death of a Copyright Troll?](https://garson-law.com/ask-dr-copyright-the-death-of-a-copyright-troll/) - This leaves the fundamental question of what constitutes fair use of a newspaper's content in today's digital world. Is it sufficient to include the link (URL) with the text of the story posted or emailed? Is it permissible only to post the link itself? Is there some middle ground?
- [Charlie Sheen Parks his Nonsense with the Patent and Trademark Office](https://garson-law.com/charlie-sheen-parks-his-nonsense-with-the-patent-and-trademark-office/) - arlie has yet to demonstrate to the Patent and Trademark Office that he is using his marks in commerce. He has disclosed a huge list of products and services, which he hopes his trademarks will be used to identify: To take one example (VIOLENT TORPEDO OF TRUTH)
- [Cold Milk for Chocolate Milk - Part II](https://garson-law.com/cold-milk-for-chocolate-milk-part-ii/) - The court found that Hottrix's other counterclaims were not preempted by copyright. In particular, the court concluded that Hottrix's allegation that Hershey had taken the "look and feel"of Hottrix's app was sufficient to permit the additional claims for unfair competition, trade- dress infringement, and tortious interference to proceed.
- [Ask Dr. Copyright... The real value of a "juris doctor" degree?](https://garson-law.com/ask-dr-copyright-the-real-value-of-a-juris-doctor-degree/) - As a lawyer what did you take away from 3+ years of law school that you can share with the common person? What really matters in law?
- [Patent Infringement “R” Us – A New Business Model Condoned by the Federal Circuit](https://garson-law.com/patent-infringement-r-us-a-new-business-model-condoned-by-the-federal-circuit/) - The Court determined that holding these parties liable for infringement now requires the patent owner to prove that one of the accused infringers directs or controls the other in an agency relationship (that is, one party has the legal right to require the other to carry out the patent steps, and to control when, how, and where this is done.)
- [PTO "Green Technology" Program Extended](https://garson-law.com/pto-green-technology-program-extended/) - If your invention relates to a green technology, we strongly recommend that you consider this program and not delay. Once 3000 petitions are granted, the program terminates.
- [Patent Reform Redux](https://garson-law.com/patent-reform-redux/) - Patent reform generally has been opposed by independent inventors, patent owners and companies, such as pharmaceutical companies, that depend on a strong patent system for their existence. We can expect discussion and debate before action on the bill.
- [Ask Dr. Copyright . . .   AARGH, Me Hearties! There Be Pirates About, and We Be Needin' a Safe Harbor (Part 2)!](https://garson-law.com/ask-dr-copyright-aargh-me-hearties-there-be-pirates-about-and-we-be-needin-a-safe-harbor-part-2/) - Under the DMCA (Section 512), as a service provider seeking that famous "safe harbor" from liability must comply with various rules
- [General Motors Doesn't Prove that CORVETTE is a Famous Mark --- but Wins the Race Anyway](https://garson-law.com/general-motors-doesnt-prove-that-corvette-is-a-famous-mark-but-wins-the-race-anyway/) - Extreme deference is accorded to famous marks in terms of the wide latitude of legal protection it receives, and the dominant role fame plays in the likelihood of confusion analysis,
- [How to Lose Patent Rights in Foreign Countries Without Really Trying](https://garson-law.com/how-to-lose-patent-rights-in-foreign-countries-without-really-trying/) - In general, any disclosure that teaches someone how to make and use the invention is a 'public disclosure' that will kill foreign patent rights. The disclosure could be in the form of a sale, in the form of a verbal description, in the form of a printed publication, or in the form of use of the invention in public.
- [Ask Dr. Copyright . . .AARGH, Me Hearties! There Be Pirates About, and We Be Needin’ a Safe Harbor (Part 1)!](https://garson-law.com/ask-dr-copyright-aargh-me-hearties-there-be-pirates-about-and-we-be-needin-a-safe-harbor-part-1/) - United States Copyright Law contains a provision to protect a blog owner or other site or network operator from such law suits. Known as the "safe harbor" provision of the Digital Millennium Copyright Act ("DMCA", 17 U.S.C. §512)
- [The U.S. Patent and Trademark Office Announces a Pilot Program for Deferring Examination of Patent Applications](https://garson-law.com/the-u-s-patent-and-trademark-office-announces-a-pilot-program-for-deferring-examination-of-patent-applications/) - The pilot program will allow an inventor the option of following a provisional patent application with a full utility application having at least one claim within one year but will allow the inventor to request deferred examination of the utility application for one year
- [PTO’s “InventorsEye” On-Line Publication Provides Lists of Resources for Inventors](https://garson-law.com/ptos-inventorseye-on-line-publication-provides-lists-of-resources-for-inventors/) - "InventorsEye" is a bimonthly online publication by the U.S. PTO for individual inventors.
- [Ask Dr. Copyright… How Long Does a Copyright Last?](https://garson-law.com/ask-dr-copyright-8/) - When copyright laws were first enacted in the early history of our country, copyrights lasted 14 years, and if the author survived those years, he or she could renew the registration for an additional 14 years.
- [Barkeep, I'll have an IP Cocktail with a Twist!](https://garson-law.com/barkeep-ill-have-an-ip-cocktail-with-a-twist/) - Is it possible that the tiny umbrella-embellished cocktail you've just been served is an infringement of someone else's intellectual property rights?
- [New Patent Search Tool For the Firefox Browser](https://garson-law.com/new-patent-search-tool-for-the-firefox-browser/) - Users of the Firefox web browser have a powerful new screening and download tool to access the PTO database.
- [PTO Issues More Patents, Reduces Backlog](https://garson-law.com/pto-issues-more-patents-reduces-backlog/) - During the last years of the last administration, the backlog at the PTO grew so large that the average time to first office action was over 29 months from the filing date of a patent application.
- [What Can You Do When You Learn Of A Patent Application That May Be  Dangerous To Your Business?](https://garson-law.com/what-can-you-do-when-you-learn-of-a-patent-application-that-may-be-dangerous-to-your-business/) - A 'public use' proceeding gives you the opportunity to submit evidence to demonstrate that the invention or a product similar to the invention was on sale or in public use more than one year prior to the date that your competitor filed his or her application and that the competitor's invention is anticipated or obvious. If you are successful, then the PTO will deny all or part of the competitor's patent claims.
- [Ask Dr. Copyright…Mailing Yourself a Copyright Registration is an Urban Myth](https://garson-law.com/ask-dr-copyright-6/) - if you wish to enforce your rights in court, then you have to register your copyright with the U.S. Copyright Office
- [The End of an Internet Monopoly?](https://garson-law.com/the-end-of-an-internet-monopoly/) - VeriSign, through its contractual relationship with Internet Corporation of Assigned Names and Numbers (ICANN), has been the sole operator of all .com and .net registries since 2001.
- [“Inventors Eye” Presents Inventor-Friendly Information from the PTO](https://garson-law.com/inventors-eye-presents-inventor-friendly-information-from-the-pto/) - "Inventors Eye" leans toward encouragement, anecdotes and success stories, but includes valuable information in a non-technical style.
- [Ask Dr. Copyright…Public Performance Rights for Churches and Places of Worship](https://garson-law.com/ask-dr-copyright-5/) - Whether or not your church charges for admission, your "movie night" will be considered a "public performance" of the film.
- [Ask Dr. Copyright…Donating Copyrights to Charity](https://garson-law.com/copyright-question-ask-dr-copyright/) - When you donate your copyright, you're giving the donee the right to receive income from the property.
- [Breaking News – Supreme Court Decides Bilski - Business Method Patents Safe for Now](https://garson-law.com/breaking-news-supreme-court-decides-bilski/) - The Bilski case involved whether a business method was the proper subject for patent protection.
- [PTO Considers Multiple Review Tracks for Patent Applications](https://garson-law.com/pto-considers-multiple-review-tracks-for-patent-applications/) - The delay between the filing of a utility patent application to the first office action by the PTO averages three years. The PTO is considering whether to offer multiple options for patent application review in an effort to reduce the delay. The proposal would allow the applicant to select fast, medium or slow review.
- [Ask Dr. Copyright... The "Hot News" Doctrine](https://garson-law.com/ask-dr-copyright-4/) - Dear Dr. ©: In old movies, the newsboys (newsyoungpersons now?) are always standing in the street (don't their parents know that they could be hit by a horsecart?) yelling, "Extree! Extree! Read All About It!" and waving some yellow rag in the air. I remember hearing that facts in news stories can't be copyrighted, but that
- [Patent Prosecution Highway](https://garson-law.com/patent-prosecution-highway/) - The Patent Prosecution Highway allows for expedited review of corresponding foreign patent applications upon the allowance of a U.S. patent application. I
- [International Piracy Makes the Headlines](https://garson-law.com/international-piracy-makes-the-headlines/) - On May 19, 2010, the Caucus unveiled the "2010 International Piracy Watch List." In the announcement, the Caucus raised warnings in connection with several countries where piracy has reached alarming levels, in particular, China, Russia, Canada, Spain, and Mexico.
- [Patent Reform Lite](https://garson-law.com/patent-reform-lite/) - Reps. John Conyers (D - Michigan) and Lamar Smith (R - Texas), the chairman and ranking Republican on the House Judiciary Committee, are trying to resolve the problems of patent pendency and the current revenue shortfall at the United States Patent and Trademark Office ("PTO").
- [Patent Reform is not Dead](https://garson-law.com/patent-reform-is-not-dead/) - A bill labeled 'patent reform' has been proposed for each of the last several years, but has never been able to garner the votes necessary to pass both the House and Senate. The reason is that the various patent constituencies have very different goals and interests.
- [PTO budget proposal includes more examiners, higher fees](https://garson-law.com/pto-budget-proposal-includes-more-examiners-higher-fees/) - The PTO needs more examiners and better information technology infrastructure to bring down pendency of applications and improve the quality of issued patents, but does not have the money to pay for them.
- [When is a Product "Sold" for Purposes of Patent Infringement?](https://garson-law.com/when-is-a-product-sold-for-purposes-of-patent-infringement/) - If a supplier located in another country sells an infringing product to a U.S. customer, that supplier is liable under U.S. patent law and can be sued in U.S. Federal court.
- [Ask Dr. Copyright...Is plagiarism the same as copyright infringement?](https://garson-law.com/ask-dr-copyright-3/) - Plagiarism is an infraction that is committed against a reader (or viewer) that fools the reader into thinking that what he or she is reading is original with the named author. opyright infringement, on the other hand, is a legal infraction defined in Copyright Law
- [Do Patent Applications Require a Separate Written Description?  The Court Hears Arguments...](https://garson-law.com/do-patent-applications-require-a-separate-written-description-the-court-hears-arguments/) - It is clear from the language that there is an "enablement" requirement; namely that one skilled in the art must be enabled to make and use what is defined by the claims of the patent. However, there is controversy whether the above cited language also imposes a separate "written description" requirement separate from the "enablement" requirement
- [PTO Launches Pilot Program to Accelerate Patent Review of Green Technologies](https://garson-law.com/pto-launches-pilot-program-to-accelerate-patent-review-of-green-technologies/) - A pending application can be advanced in the review queue if the application falls within any of several pre-approved technologies and if the applicant submits a petition to 'make the application special.' The PTO is waiving petition fees for the pilot program.
- [Firm News: Lawrence Husick Teaches Innovation in the Life Sciences](https://garson-law.com/firm-news-lawrence-husick-teaches-innovation-in-the-life-sciences/) - This course will explore innovation, invention, and value creation as a driving force in the biotechnology or life sciences enterprise and the ways in which managers should plan to take full advantage of innovation as the only true competitive weapon for long-term success.
- [Planning to License or Sell Your Patent?  Caution Advised!](https://garson-law.com/planning-to-license-or-sell-your-patent-caution-advised/) - On December 4, 2009, the court in Acceleron changed the standard for bringing a declaratory judgment action. It held that a lawsuit may be filed by any party who is led to believe that there is an, "intent to enforce a patent" by another party.
- [And the Oscar®  for Most Innovative Marketing Goes to ...](https://garson-law.com/and-the-oscar-for-most-innovative-marketing-goes-to/) - The patent addresses storing global position and altitude information "into a single discrete all-natural number geospatial coordinate measurement representation for identification of a geospatial positional location. . ." In the movie, Cage's character perceives that strings of revealed numbers indicate future events and inputs the numbers to Google Maps to determine the location of the event.
- [You Don't Have to Wait Until your Patent Issues.](https://garson-law.com/you-dont-have-to-wait-until-your-patent-issues/) - Once you file a patent application, your rights are protected under both United States law and the treaties that govern international patent rights.
- [Pilot Program for Small Entities](https://garson-law.com/pilot-program-for-small-entities/) - The PTO announced a pilot program to allow small entities with two or more patent applications to move to the front of the review line by dropping an existing patent application
- [Ringtones Freed by District Court](https://garson-law.com/ringtones-freed-by-district-court/) - Court holds that the Copyright Act exempts performances for works within the "normal circle of a family and its social acquaintances" or for which there was no expectation of profit arising out of the performance.
- [Hope for the Patent System?](https://garson-law.com/hope-for-the-patent-system/) - The new David Kappos administration at the PTO has taken steps to reduce incentives for the examiner to game the system by reducing the credit that the examiner receives for repeated reviews of an application. The Patent Office Professional Association (the patent examiners' union) has approved the changes, and those changes will go into effect.
- [Free Patent Search Resources](https://garson-law.com/free-patent-search-resources/) - A caution about do-it-yourself patent searches: unless you are very familiar with reading patents and distinguishing one invention from another, you can become needlessly discouraged and abandon a valuable invention. Ask us before you give up on an invention.
- [PTO Director Kappos Proposes to Reform the Examiner 'Count' System](https://garson-law.com/pto-director-kappos-proposes-to-reform-the-examiner-count-system/) - Director Kappos launched an internal PTO task force to change fundamentally the way that patent examiners review patent applications.
- [New PTO Administrator](https://garson-law.com/new-pto-administrator/) - David Kappos was sworn in as the new Administrator of the PTO this month.
- [Is a Download a Performance? Composers Think So.](https://garson-law.com/is-a-download-a-performance-composers-think-so/) - Composers and producers are urging Congress to change copyright law so that music airing in a audio-visual downloads are considered public performances and, therefore, deserving of royalty compensation.
- [Supreme Court to Consider What Can Be Patented](https://garson-law.com/supreme-court-to-consider-what-can-be-patented/) - In October 2008, the Federal Circuit Court of Appeals considered the issue of what processes can be patented in the case of In Re Bilski.
- [Is ASCAP Crazy?](https://garson-law.com/is-ascap-crazy/) - According to ASCAP for a ringtone performance (and here, focusing on the time when the phone plays) to be a public performance, it need not be received by the public every time
- [Michael Jackson Defied Gravity](https://garson-law.com/246/) - The late Michael Jackson was an inventor as well as an entertainer. He held U.S. Patent 5,255,452 issued October 26, 1993 for a "Method and Means for Creating Anti-Gravity Illusion."
- [Why Not Use Fake Patent Numbers?](https://garson-law.com/240/) - False marking can result in substantial fines and that any private citizen can sue to collect those fines.
- [Developments at the Board of Patent Appeals and Interferences](https://garson-law.com/developments-at-the-board-of-patent-appeals-and-interferences/) - The PTO has raised the profile of the BPAI in recent years and has rejected many patent applications, resulting in a substantial increase in appeals to the BPAI.
- [Patent Reform: "First to File" and "First to Invent"](https://garson-law.com/patent-reform-first-to-file-and-first-to-invent/) - The proposed 'first to file' system largely eliminates the one-year grace period for filing a patent application. In the proposed 'first to file' system, an intervening publication by a third party will be prior art for the invention and can destroy the inventor's right to a patent.
- [iPod to the Queen.  Did the President violate the law?](https://garson-law.com/ipod-to-the-queen-did-the-president-violate-the-law/) - Under traditional copyright law, the "first sale" doctrine permits one to transfer, resell, or gift copyrighted materials to another person despite the copyright owner's exclusive right of distribution so long as the owner or transferor does not copy the material.
- [Artist Richard Prince and the "Derivative" Work](https://garson-law.com/artist-richard-prince-and-the-derivative-work/) - Richard Prince continues to create high valued art works from others' copyrighted materials.
- [Katy Perry, Left Shark, and Copyright Deceptions](https://garson-law.com/katy-perry-left-shark-and-copyright-deceptions/) - Katy Perry claimed a copyright interest in her Left Shark costume. She didn't understand that copyright protection is not available for useful articles.
- [Aunt Jemima:  Fact or Fiction?  Where's the Evidence?](https://garson-law.com/aunt-jemima-fact-or-fiction-wheres-the-evidence/) - Plaintiffs asserting that they are Aunt Jemima's relatives sue Quaker Oats for compensation. The Court holds that there is no evidence.
- [3-D Designs are Protected by Copyright Law and By the First Amendment](https://garson-law.com/3-d-designs-are-protected-by-copyright-law-and-by-the-first-amendment/) - 3-D printers have valuable uses as well as some nefarious ones. But be mindful that 3-D Designs are Protected by Copyright Law and By the First Amendment of the US Constitution
- [The Jury System is Alive and Well: The United States Supreme Court Weighs In On a Question of Trademark Law.  ](https://garson-law.com/the-jury-system-is-alive-and-well-the-united-states-supreme-court-weighs-in-on-a-question-of-trademark-law/) - The US Supreme Court resolved a split among federal courts over whether tacking is applicable in a trademark infringement case.
- [What can you tell me about 'Panoramafreiheit'?](https://garson-law.com/what-can-you-tell-me-about-panoramafreiheit/) - In some countries, public art and architecture is protected by copyright; in others, not so much
- [Secrecy and Grapes: The 'Public Use" Concept Under Patent Law](https://garson-law.com/secrecy-and-grapes-the-public-use-concept-under-patent-law/) - Recent grape grower's case explores concept of "public use" under patent law
- [There Has Always Been A Tension Between Copyright And The First Amendment](https://garson-law.com/there-has-always-been-a-tension-between-copyright-and-the-first-amendment/) - Fox news sued News agglomerater and loses on the fair use doctrine
- [Fixed in a Tangible Medium ... Tattoo Art    ](https://garson-law.com/fixed-in-a-tangible-medium-tattoo-art/) - Tattoos meet the requirements for copyrightable subject matter. Is my tattoo in violation>
- [The Internet-Enabled Business Method Patent Just Clutched Its Chest And Fell Over Dead.](https://garson-law.com/the-internet-enabled-business-method-patent-just-clutched-its-chest-and-fell-over-dead/) - Recent decision of the federal circuit has important implications for business patents
- [Aero TV Faces Additional Hurdles to Survive](https://garson-law.com/aero-tv-faces-additional-hurdles-to-survive/) - Aero TV tries to make it as a cable company but faces additional hurdles,
- [Ask Dr. Copyright](https://garson-law.com/ask-dr-copyright-11/) - Dear Doc, A few years ago, I remember reading that Google was digitizing every book in a bunch of libraries, and that soon, we would be able to search them all online. What's up with that? Signed, Still Waiting After All These Years Dear SWAATY: You're right - Google did start the Google Books Project
- [Cameras and Bicycles -- Say Cheez!](https://garson-law.com/cameras-and-bicycles-say-cheez-2/) - You've probably heard about the bankruptcy of Eastman Kodak Company. Yes, everyone sees the irony in a once successful company famous for its technical innovations failing to keep pace with the rapid speed of digital technology. Should we write off Kodak and leave it to the dry and dusty bins of history -- as one
- [A Tale of (More Than) Two Brothers](https://garson-law.com/a-tale-of-more-than-two-brothers/) - History, though sometimes a dry and dusty exercise, may occasionally teach important lessons in trademark law, and in common sense (a quality often found lacking in trademark attorneys). Case in point: the dispute between Warner Bros. movie studio and the Marx Brothers, over the film "A Night in Casablanca". Our story opens in 1947. Groucho
- [Walmart Sponsors New Product Competition](https://garson-law.com/walmart-sponsors-new-product-competition/) - Walmart currently is sponsoring a 'get on the shelf' competition to identify new products for sale through Walmart.com and its brick-and-mortar stores. The contest rules require that applicants submit an entry form and a link to a YouTube video of the product. After the entries are vetted by Walmart, links to the YouTube videos will be placed on the 'get on
- [Ask Dr. Copyright . . . Protect Your Software, Circuit Boards, and Mask Works](https://garson-law.com/ask-dr-copyright-protect-your-software-circuit-boards-and-mask-works/) - Under United States Copyright Law (17 U.S.C. §§101 et seq.), circuit boards and similar products may be simultaneously protected by several copyrights. The source code and the finished object code for your software products are the first things you should register.
- [Ask Dr. Copyright . . . Peer-to-Peer File Sharing May Be Hazardous to Your Health](https://garson-law.com/ask-dr-copyright-peer-to-peer-file-sharing-may-be-hazardous-to-your-health/) - One thing that you may not know is that when you use P2P software, you are not only downloading a copy of the files you see, but also your computer is being used to store and upload lots of other files that you may not see or even know are there.
- [Healthcare Reform Affects Intellectual Property](https://garson-law.com/healthcare-reform-affects-intellectual-property/) - This week the United States Supreme Court heard arguments over the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The ten titles of PPACA, along with amendments to the "Health Care and Education Reconciliation Act of 2010" regulate multiple industries making up approximately one-sixth of the national economy, all of which affect science,
- [Ask Dr. Copyright](https://garson-law.com/ask-dr-copyright-12/) - 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
- [...But We're Important!](https://garson-law.com/but-were-important/) - 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
- [Copyright Still Isn't Fashionable!](https://garson-law.com/copyright-still-isnt-fashionable/) - 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.
- [Ask Dr. Copyright . . .](https://garson-law.com/ask-dr-copyright-13/) - 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"
- [Ask Dr. Copyright](https://garson-law.com/ask-dr-copyright-14/) - 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
- [2012 Special 301 Report Outlines Intellectual Property Rights -- Gains and Losses](https://garson-law.com/2012-special-301-report-outlines-intellectual-property-rights-gains-and-losses/) - 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,
- [A Book By Any Other Title May not be Registrable...](https://garson-law.com/a-book-by-any-other-title-may-not-be-registrable/) - From time to time, we receive inquiries from authors about registering book titles as trademarks. Sounds like a good idea but can it be done? The short answer is "no," trademark law does not permit registration of a work's title. But, as with many legal rules, there are exceptions. The complete title of a work
- [O Say, Can You See?](https://garson-law.com/o-say-can-you-see/) - 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
- [Ask Dr. Copyright...](https://garson-law.com/ask-dr-copyright-16/) - Dear Doc: I heard that some insanity has recently infected the Republican Study Committee, when it published a memo with the exciting title of "Three Myths About Copyright Law and Where To Start To Fix It". What gives? Signed, M. Mouse Dear M: A young staffer at the RSC, Derek Khanna, wrote about our broken
- [Notice or Not:  ©](https://garson-law.com/notice-or-not/) - In late November, David Pogue of the New York Times wrote about a hoaxer who plastered Facebook sites with an unsolicited message that stated: In response to the new Facebook guidelines, I hereby declare that my copyright is attached to all of my personal details, illustrations, comics, paintings, crafts, professional photos and videos, etc. (as
- [Ask Dr. Copyright ...](https://garson-law.com/music-artists-rights-organizations/) - It's interesting to note that none of these companies writes any music at all! Nor do they arrange it or perform it. They just collect the royalties, and when someone refuses to pay up, they bring law suits, relying on the Copyright Law (17 U.S.C. §101, et seq.)
- [Want to sell your patent?](https://garson-law.com/want-to-sell-your-patent-google/) - Google may want to buy your patent under new program.
- [News from LWH](https://garson-law.com/news-from-lwh/) - On September 17, 2009, Adam Garson made a presentation on copyright and trademark law to the National Organization of Professional Organizers (NAPO).
- [News from LWH](https://garson-law.com/news-from-lwh-2/) - On July 21, 2009, Adam Garson made a presentation on the basics of copyright law to the Lehigh Valley Writers Symposium.

## Pages

- [Home](https://garson-law.com/) - Adam G. Garson, Esquire is a Trademark Attorney practicing Intellectual Property law in Greater Philadelphia serving clients nationwide.
- [Intellectual Property Law](https://garson-law.com/practice-areas/intellectual-property/) - Intellectual Property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
- [Privacy Policy](https://garson-law.com/privacy-policy/) - Who we are Our website address is: https://garson-law.com. Comments When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and
- [Trade Secrets Law - Lipton, Weinberg, Husick](https://garson-law.com/practice-areas/trade-secrets/) - We practice trade secrets law and understand the importance of trademark protection and the difference between trademark and trade secret. Free consultations.
- [Trademark Attorney - Adam G. Garson](https://garson-law.com/practice-areas/trademark-attorney/) - We are a top trademark attorney law firm in Delaware County, PA. Contact us for assistance with your trademarks. We serve both local and national clients.
- [Why Us - Working With the Best Intellectual Property Attorneys](https://garson-law.com/why-us/) - Learn why Lipton, Weinberger and Husick are a top choice for the best Intellectual Property Attorneys for trademark and copyright law and patent litigation.
- [Contact](https://garson-law.com/contact-2/) - Contact attorney Adam Garson, experienced trademark, copyright and intellectual property lawyer based out of Media, PA. Now accepting clients nationwide.
- [Adam G. Garson Esquire](https://garson-law.com/adam-garson-esquire/) - Trademark Lawyer, Adam Garson
- [Copyright Attorney - Adam G. Garson](https://garson-law.com/practice-areas/copyright-lawyer/) - Learn how our copyright attorneys can help you with patent and intellectual property protection. We serve clients in PA as well as nationwide. Contact us today.
- [I received a USPTO Office Action, what do I do next?](https://garson-law.com/office-action/) - USPTO Office Action Notice: common questions posed by applicants who have started the trademark application process themselves without the a trademark attorney.
- [About](https://garson-law.com/about-adam-garson/) - Learn about Adam Garson Intellectual Property attorney specializing in copyright law and trademark litigation for clients nationwide. Call for a free consultation.
- [Practice Areas](https://garson-law.com/practice-areas/) - Experienced national attorneys practicing law in trademark, copyright, patent and trademark secrets. Contact us for help with intellectual property law.
- [Patent Lawyers in PA](https://garson-law.com/practice-areas/patent-lawyer-pa/) - Serving as a top firm for patent lawyers in PA, LWH attorneys offer full service patent support. Contact us to navigate the patent system and where to start.

## Categories

- [Uncategorized](https://garson-law.com/category/uncategorized/) - | Intellectual Property Attorney
- [Trademark](https://garson-law.com/category/trademark/) - | Intellectual Property Attorney
- [Patent](https://garson-law.com/category/patent/) - | Intellectual Property Attorney
- [Copyright](https://garson-law.com/category/copyright/) - | Intellectual Property Attorney
- [Internet Law](https://garson-law.com/category/internetlaw/) - | Intellectual Property Attorney
- [Licensing](https://garson-law.com/category/licensing/) - Licensing Articles | Intellectual Property Attorney
- [Lipton Weinberger & Husick Blog](https://garson-law.com/category/lipton-weinberger-husick/) - | Intellectual Property Attorney
- [Litigation](https://garson-law.com/category/litigation/) - | Intellectual Property Attorney
- [Intellectual Property](https://garson-law.com/category/intellectual-property/) - | Intellectual Property Attorney
- [Ask Dr. Copyright](https://garson-law.com/category/ask-dr-copyright/) - Ask Dr. Copyright is a monthly column that tackles common misconceptions in the areas of intellectual property law especially, copyright. | Intellectual Property Attorney
- [Trade Secrets](https://garson-law.com/category/trade-secrets/) - Trade Secret Articles | Intellectual Property Attorney
- [cybersecurity](https://garson-law.com/category/cybersecurity/) - | Intellectual Property Attorney
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