Blog – Adam Garson Law

Question on a Keyboard

Dear Doc: Talk about whiplash! First, I read that Cox Communications (a major cable TV company and internet service provider (ISP)) got hit with a jury verdict of (best Doctor Evil impression here) ONE BILLION DOLLARS for copyright infringement committed by its subscribers. Then, just this week, I heard that the Supreme Court REVERSED that […]

Businesses regularly file trademark applications without a clear understanding of how trademark law controls the selection of brand names. Applicants who rely on filing services or generic online resources will receive little, if any, guidance on trademark selection. As a result, applications are frequently refused, filing fees are lost, and brand protection is delayed. Does […]

Question on a Keyboard

Dear Doc:I know that in addition to knowing everything about copyrights, you’re also a “registered patent attorney”. What, exactly, does that mean, and how does that compare to being an “intellectual property attorney”? Signed,Legally Confused Dear LC: In American law, there are only two recognized specialties that an attorney-at-law may advertise. These are “proctor in […]

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 […]

So your patent is being infringed.  What can you do about it?    Sue the bastards, of course. But where? U.S. Federal courts have jurisdiction over patent infringement, so the lawsuit must be filed in Federal, as opposed to state, court.  But which one?  There are Federal courts in each U.S. state and each U.S. […]

Question on a Keyboard

Dear Doc: I know that this question is a bit out of your bailiwick (you DO have a bailiwick, don’t you?) but given your legal background and knowledge of sailing, I hope that you may be able to help. Are pirates sailing against cartels that ship drugs into the United States? How is that possibly […]

R Symbol

Welcome to our kickoff article introducing the LWH Trademark Circular Series. Circular No. 1 is the starting point for learning about the trademark registration process. Subsequent articles in the TM Circular series will address basic trademark procedures and filing issues related to specific markets and industries. This article explains the basic steps involved in registering […]

 Last month we told you about an Idaho statutethat directly limits the ability of a U.S. patent owner to access Federal court to enforce a U.S. patent.  Applying the Idaho state law, a Federal judge sitting in Idaho required the patent owner to post an $8 million bond to pursue a patent infringement lawsuit.   The problem […]

Trademark “abandonment” is what happens when a trademark owner stops using a mark without the intention of using it again. Abandonment can occur in more ways than you might expect. The most obvious is simple non-use, but abandonment arguments are often built from surrounding conduct as well, such as public statements that a brand is being retired, […]