One of the first things a trademark attorney evaluates when presented with a trademark for registration is the strength of the proposed trademark. Is it a strong, distinctive mark that will pass muster under trademark law, or a weak, non-distinctive mark that will inevitably be rejected by the U.S. Patent and Trademark Office? Let’s look at […]
Blog – Adam Garson Law
Dr. Copyright Teaches the Basics
September 30, 2026
Ask Dr. Copyright
Dear Doc: I’ve been reading a lot of copyright cases, and it seems that the ones that are in the news are variations of the argument that goes, “You made money (or got some other value) from my work, so now you owe me.” That rubs me the wrong way, but I can’t exactly put […]
A patent is only useful if you can enforce it. Enforcing a patent means hiring a lawyer, going to Federal court, and filing a lawsuit. Or at least threatening to do so. But how real is your threat? Federal law allows you, the patent owner, to collect money damages for patent infringement that occurs after […]
The use of the ® and TM symbols is frequently misunderstood, and misuse is common. It is so widespread that examples can be found on websites, on packaging, in advertisements, and on social media. The Trademark Manual of Examining Procedure, indeed, states that: improper use of the federal registration symbol that is deliberate and intended to […]
This month, the Doc is visiting Hawai’i, where he is studying how that state’s laws differ from laws on the mainland. The Doc is learning about the “Law of the Splintered Paddle”, about how the state with the most restrictive gun laws operates, and most recently, about how Hawaiian judges view the United States Supreme […]
Chilly Patents
August 17, 2026
Patent
Ice cream. Cast your mind back to the hot, sticky summers of yore. Your loyal correspondent can almost hear the dulcet strains of ‘Pop Goes the Weasel’ blasting in cheesy organ tones, pitch rising and falling on endless repeat, as the ice cream truck enticed generations of hot, sun-burnt children. The trucks served their purpose, […]
Beware of Patent Scams!
August 3, 2026
Patent
A client of ours owns and runs a successful mid-size manufacturing business. He recently received an invoice that appeared to be from the US Patent and Trademark Office. He had a patent maintenance fee coming up, so he paid the invoice. The invoice was not from the USPTO. I believed that his money had moved […]
You may have noticed Van Leeuwen Ice Cream on your local grocery store shelves. It’s packaged in pastel-colored cartons with “Van Leeuwen” written in black cursive. It’s easily identifiable and distinctive. Rebel Creamery thought it was, too. So, it copied the colors and the cursive writing and then got sued by Van Leeuwen. Rebel just didn’t lose […]
Ask Dr. Copyright® About AI Chatbots
July 30, 2026
Ask Dr. Copyright
Dear Doc: I read that putting information into an artificial intelligence (AI) chatbot such as ChatGPT can break attorney-client privilege in some instances. Are there other things that we should worry about when we use AI? Signed,Concerned Person Who is Definitely Not a Robot Dear CP: The case you read about is United States v. Heppner. […]
The Power of Schedule ‘A’
July 16, 2026
Patent
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 […]