All posts by: Adam Garson

About Adam Garson

Dozens of times over the past 10 years, we have written about the “fair use” exception to copyright infringement.  You may recall that “fair use” under the U.S. Copyright Act permits limited use of copyrighted works for purposes of “criticism, comment, news reporting, teaching, scholarship, or research.” It’s a complex area and one that is continuously […]

The ongoing pandemic has not stopped progress in the world of privacy protection. This month there have been huge developments that may have profound implications for commerce between United States and the European Union (EU). We have written extensively about the European “General Data Protection Regulation” or the GDPR. This is a set of privacy regulations that govern […]

We are pleased to announce that the five attorneys of LW&H who practice on Philadelphia’s “Main Line” have been selected by Main Line Today Magazine as among the Top Lawyers of 2020.  Led by Josh Waterson, MLT’s #1 Intellectual Attorney, Larry Weinberger, Adam Garson, Robert Yarbrough and Lawrence Husick were named by the publication as Top […]

Photographers have long been able to utilize the copyright system for registering groups of photographs for a single registration fee, now $55.00. It has to be one of the best bargains in the IP world. Registration gives photographers and other authors of original content access to federal courts, a presumption of validity, a public record of ownership […]

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 […]

Last January, readers may recall our article about Georgia v. Public Resource Org Inc. (“PRO”).  At the time, that case had been successfully appealed to the United States Supreme Court (SCOTUS). We now have a decision.  PRO involved the issue of whether the Official Code of Georgia Annotated [OCGA] was subject to copyright protection.  Here were the facts: Georgia publishes and sells the […]

Last month we wrote about a recent registration of the term PSILOCYBIN for educational materials related to psychoactive plants. The point of our article was that applying for generic terms as trademarks is not the most effective strategy for developing a distinctive brand. Now, sadly, a flurry of Coronavirus related trademark applications raises similar concerns. In a […]

The Philly Phanatic has been a mainstay of Philadelphia culture since he arrived on our shores in 1978.  But did you know that the Phanatic has been the subject of numerous lawsuits? He’s even been called “the most sued mascot in baseball.”  His most recent lawsuit involves the facts surrounding his birth. It’s a long, convoluted story so we’ll just briefly review the facts […]

An overlooked aspect of the marijuana legalization movement is its effect upon research and use of psychedelic substances such as psilocybin and LSD. Both substances are now subject of legitimate therapeutic research with renewed interest in potential legalization. Who would have guessed? Now comes along an enterprising entrepreneur and files a trademark application for the term PSILOCYBIN, which is […]

Dear Doc: I know that you sometimes answer intellectual property questions that are not strictly about copyright, so here’s one for you… I know that folks may register just about any available word as a domain name on the Internet, using one of the many Top Level Domains (TLDs) like .com, .org, or .biz. I also […]