All posts by: Adam Garson

About Adam Garson

Chili Crunch Gives Momofuku Heartburn

July 11, 2024 Trademark

Policing trademarks is as important as registering them.  Policing requires that you monitor the world of commerce to ensure that others are not using your marks — or confusingly similar marks — and, if so, that you take immediate action against the infringers. There is little point in owning a trademark if you are willing to […]

Trademark Specimens for Complex Goods Are Not So Simple

July 8, 2024 Trademark

In our experience, trademark applicants are often confused about the specimen requirements submitted with a trademark application involving goods (as opposed to services).  The specimen is used to prove “use in commerce.” Use in commerce under the Lanham Act is deemed to be when the mark is “placed in any manner on the goods or […]

Horror Retail Meets Copyright Law

June 24, 2024 Copyright, Intellectual Property, Trademark

Policing your trademarks is as important as registering them.  Policing requires that the trademark and other rights owners monitor the world of commerce to ensure that others are not stealing their intellectual property and, if so, take immediate action against infringers.  Many corporations zealously defend their trademark portfolios. Here’s but one example. In a recent article at Wired.com, The […]

Why Perform a Trademark Search?

June 20, 2024 Trademark

It is surprising how many trademark applicants file their applications without having performed a search to see whether their proposed trademark is even registrable. If you fall into this category, here is some guidance. Once you have created a list of potential trademarks, you have to ensure that no one else has registered the mark […]

Viacom v. YouTube: The Saga Continues

May 20, 2024 Copyright

YouTube is no stranger to copyright infringement issues.  In 2008, Viacom filed a $1 billion copyright infringement suit against YouTube, claiming that the video site contributed to an explosion of copyright infringement by permitting users to post infringing videos.  The federal district court eventually dismissed Viacom’s action against YouTube on grounds that the Digital Millennium […]

Protecting Recipes — A Cooking Lesson in Futility

May 6, 2024 Copyright, Intellectual Property

Protecting recipes with the traditional tools of intellectual property is difficult. That’s why so many valuable recipes are maintained by their owners as trade secrets. Thomas English Muffins, Coca-Cola, KFC Fried Chicken, Chartreuse, and Mrs. Fields Chocolate Chip Cookies are a few well-known examples. But that does not deter some people from pushing the envelope […]

Victory for Tattoo Artists

May 2, 2024 Copyright

In 2014, we wrote about copyright litigation involving Mike Tyson’s Maori-inspired facial tattoo. The tattoo artist, Victor Whitmill, sued Warner Brothers Entertainment in an attempt to stop the release of the movie, “The Hangover Part II,” in which one of the characters was tattooed in an identical manner to Mike Tyson. Recall that the wearer of a […]

Non-Fungible Tokens Revisited

April 4, 2024 Intellectual Property, Internet Law, Trademark

Remember NFTs (“Non-Fungible Tokens”)? As a reminder, an NFT is a type of digital asset that represents ownership or proof of authenticity of a unique item or piece of content, such as artwork, music, videos, or collectibles, using blockchain technology. Unlike cryptocurrencies like Bitcoin, which are fungible and can be exchanged on a one-to-one basis, NFTs […]

‘Trade Names’ or ‘Trademarks’?

March 7, 2024 Trademark, Uncategorized

Do you know what distinguishes a trade name from a trademark? Clients frequently ask us to file a trademark application for the name of their company without any understanding of whether the company name is being used as a trademark. So, what is the difference? To put it simply, a trade name under section 45 of the […]

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