Blog – Adam Garson Law

28Oct 2012

First Sale Doctrine Goes Digital — or Does It?

October 28, 2012 Adam Garson Copyright

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

28Sep 2012

Ask Dr. Copyright…

September 28, 2012 Lawrence Husick Ask Dr. Copyright, Copyright, Patent, Trademark

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

28Sep 2012

Copyright Protection for Fashion Designs Revisited (Again)

September 28, 2012 Adam Garson Copyright

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. […]

28Sep 2012

My Competitor is Telling the PTO to Deny My Patent Application! What Can I do?

September 28, 2012 Adam Garson Patent

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 […]

30Aug 2012

Google Patent Search has New Features and New Powers

August 30, 2012 Adam Garson Patent

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

30Aug 2012

From Brain Drain to Brain Flow

August 30, 2012 Lawrence Husick Intellectual Property

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 […]

30Aug 2012

Internet Trends: Linking is Not Copying (In the 7th Circuit, Anyway)

August 30, 2012 Adam Garson Internet Law

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 […]

31Jul 2012

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 […]

31Jul 2012

Patentable Subject Matter – The Issue That Will Not Die

July 31, 2012 Adam Garson Litigation, Patent

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 […]

31Jul 2012

A Book By Any Other Title May not be Registrable…

July 31, 2012 Adam Garson Intellectual Property, Trademark

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 […]

Blog – Adam Garson Law

First Sale Doctrine Goes Digital — or Does It?

Ask Dr. Copyright…

Copyright Protection for Fashion Designs Revisited (Again)

My Competitor is Telling the PTO to Deny My Patent Application! What Can I do?

Google Patent Search has New Features and New Powers

From Brain Drain to Brain Flow

Internet Trends: Linking is Not Copying (In the 7th Circuit, Anyway)

Ask Dr. Copyright (Summer Reading Edition)

Patentable Subject Matter – The Issue That Will Not Die

A Book By Any Other Title May not be Registrable…

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