All posts by: Adam Garson

About Adam Garson

This week the European Parliament approved a controversial copyright law, the “Copyright Directive” (“Directive”), that may have serious implications for both providers and consumers of online content in Europe. While this may not be relevant to most of our readership, it may be an important testing ground for changes in US copyright law. For example, […]

It is widely known that China has been the source of cyber attacks against public and private entities in the United States. The nature and effectiveness of these attacks are of considerable concern. According to one estimate, cyber theft by the Chinese has cost the U.S. economy more than $300 billion annually taking into account […]

Trademarks may reside in families.  A family of marks is a group of trademarks that have a recognizable common characteristic.  For example, you may recall that Eastman Kodak owned trademarks for KODACOLOR, KODAMATIC, and KODACHROME, the term “Koda” being the common element of all three trademarks.  A family of marks is established when the purchasing […]

In October 2018 we wrote about Anish Kapoor’s lawsuit against the National Rifle Association (“NRA”) for copyright infringement. You may recall that the NRA published a video called the “Clenched Fist of Truth,” a controversial video about the “liberal insurgency… destroying American Society.” In the video, were fleeting images of various sculptural and architectural works, […]

If one of your electronic car components fails or your cell phone dies, good luck getting it fixed or even diagnosed by a third party.  Your auto mechanic may not have the tools to diagnose the problem (and can’t get them) and good luck finding a third party to repair your cell phone.  Folks have […]

The National Rifle Association (“NRA”) conjures up many things for many people:  gun lobby, gun rights, 2nd Amendment, just to recite a few.  It’s name, however, has rarely arisen in the intellectual property context until recently.  Here is some background. One of Chicago’s famous public sculptures, “Cloud Gate”, affectionately known as the “Bean”, is an […]

We recently received an inquiry about whether we had expertise in cryptocurrency law.  It was the first such inquiry we ever received.  We did some research and here are some notes on a subject untouched in our 10 years of writing this newsletter. We’ve all heard about cryptocurrencies such as bitcoin and others, but what […]

In 2013, we wrote about the branding wars between candy bar makers.  These disputes are good measure of the boundaries between 3-D trademarks that have acquired distinctiveness (registrable) and those that are functional (not registrable). In 2006, Nestlé was granted trademark rights in the “distinctive” shape of its KitKat bar in various European countries.  But […]