Dear Doc: I took my daughter out to dinner for her birthday at a local eatery (that’s what they call a restaurant when they want to charge more for the same old burritos) and at the end of the meal, all of the servers gathered around, slapped a sombrero on her head, and sang some […]
Blog – Adam Garson Law
Protecting the Latest Food Sensation
June 29, 2013
Trademark
OMG, I have to try one of these…. That appears to be the general consensus about the so-called “Cronut,” the new New York City food sensation. Early morning lines stretch around the block with customers lining up to buy this croissant-donut hybrid two hours before the Dominique Ansel Bakery in SoHo opens. It’s so wild […]
Patentable Subject Matter, the Sequel
June 29, 2013
Patent
In the issue that will not die, the Supreme Court again considered what can or cannot be patented. This time the question was whether human genes can be the subject of a patent. The U.S. Constitution at Article One, Section 8 gives Congress the power “to promote science and the useful arts, by securing for […]
(Dr. Copyright is off this month – although some might say that he’s always been a bit off – so our very own Dr. Trademark has stepped to the plate to hit more of your burning legal questions out of the park.) Dear Doc.: I was given a prescription for Noroxin to treat a UTI, […]
The Fable of the Supreme Court and the Beanstalk
May 30, 2013
Patent
Once upon a time, a farmer purchased a magic bean. The farmer planted his magic bean, as farmers do. The magic bean grew into a magic beanstalk and made more magic beans. The farmer harvested the magic beans, as farmers do, and saved the new magic beans for the next year. For eight years, the […]
We’ve written a lot about the “fair use” concept in the copyright context but did you know that there is also a fair use concept in trademark law? Here’s a case that illustrates the point. In 2012, the Naked Cowboy (yes, you read it correctly) of New York City fame, sued CBS for trademark infringement […]
To Be, or Not To Be..
May 30, 2013
Patent
Pardon the quote of the Bard, but there is one area of patent law that, indeed, ponders “that is the question.” Bear with us for a moment while we try to set the stage. To qualify for a patent, the patent law statute passed by Congress states that an invention must meet three criteria: it […]
Ask Dr. Copyright…Aero Inc.
April 30, 2013
Ask Dr. Copyright, Copyright
Dear Doc: I used to have “rabbit ears” on my TV. On stormy nights, I had to stand “just so” near the left ear to see channel 17, but other than that, it worked just fine. Then the electronics companies and the gub’ment told me that I needed “digital” TV or cable. Now, I like […]
So, do you know what an “appropriation artist” is? It’s an artist who uses preexisting objects or images to create new works of art. While you might guess that appropriation artists keep many a copyright lawyer employed they also sell their works for large sums of money. Take for example, Richard Prince, perhaps, the most […]
To Disclose or Not to Disclose … That is the Question
April 30, 2013
Patent
You have conceived of a wonderful new invention and you want tell everyone, but you are not ready for the expense of a patent application. Should you open your mouth? Every inventor feels the tension between the need to maintain secrecy and the need to disclose the invention. If you are a regular reader of […]