All posts by: Adam Garson

About Adam Garson

Food technology has come a long way over the past several decades. Great strides have been made in developing substitutes for meat, dairy, and gluten containing flours. We now have “milk” made from oats and almonds, meat substitutes made from various vegetable based ingredients, and gluten free bakery products made from amaranth, millet, sorghum and, would […]

In a recent lawsuit, the WM Wrigley Jr. Company  (Wrigley) filed a complaint against Terphogz, LLC (Terphogz) alleging trademark infringement of Wrigley’s iconic brand, SKITTLES. Candy makers are always filing trademark infringement suits so what makes this one noteworthy? Here’s why. Terphogz is a cannabis company that sells cannabis, drug paraphernalia and promotional merchandise. In an apparent effort […]

Whether you are a regular reader of our newsletter or not, you should be familiar with the concept of  “trademark infringement.” That’s when a business uses a trademark that is the same as or similar to that of another business, which causes confusion among consumers over the source of the goods or services. Typically, this involves […]

In its 2020 Review of Notorious Markets for Counterfeiting and Piracy, the United States Trade Representative warns: “Commercial-scale copyright piracy and trademark counterfeiting cause significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety.” […]

Ever been approached by an enterprising salesperson with a coat full of fake Rolex watches?  It’s a risky business. The FBI, federal marshals, customs officials and brand owners may be involved in enforcing trademark and anti-counterfeiting laws. Did you know that not only sellers but their landlords may be liable? Under a theory of contributory […]

In 2011, H. R. 2511, “Innovative Design Protection and Piracy Prevention Act” was an attempt by Congress to extend copyright protection to fashion design. The bill died in Congress and never received a vote. To this day, fashion designs remain unprotected under U.S. copyright law. One fashion-related area that has received considerable attention, however, is in the […]

2021 brings new trademark fees. The PTO states: “The overall strategy of the Final Rule is to balance a reasonable and affordable fee schedule with sufficient multi-year revenue to recover the aggregate costs of maintaining the USPTO’s trademark-related operations and accomplishing the USPTO’s trademark-related strategic goals. The Final Rule enables the USPTO to continue to enhance […]

On Sunday, December 27, 2020, President Trump signed into law the $2.3 trillion coronavirus relief and government funding bill. Included within the massive piece of legislation are a number of new laws specifically addressing intellectual property issues, including the 2020 Trademark Modernization Act (TMA), the Case Act and other copyright related legislation discussed in another article […]

In addition to an award of statutory damages, the ability to obtain attorney’s fees is often touted as an advantage of registering a copyright.  Indeed, it is a strong incentive for some lawyers to take copyright infringement cases on a contingency basis. What’s not often discussed is that should plaintiff’s attorney fail on behalf of […]

No joke, sometimes, we come across a trademark dispute that cries out for a mention. Here’s one. VIP Products (“VIP”) sells among other things a line of toys, which it calls “Silly Squeakers.” Dog lovers/readers may be familiar with them. The line of vinyl dog toys consists of vinyl replicas of liquor, beer, wine, and […]