Welcome to our kickoff article introducing the LWH Trademark Circular Series. Circular No. 1 is the starting point for learning about the trademark registration process. Subsequent articles in the TM Circular series will address basic trademark procedures and filing issues related to specific markets and industries. This article explains the basic steps involved in registering […]
All posts by: Adam Garson
Twitter Reborn?
January 15, 2026
Trademark
Trademark “abandonment” is what happens when a trademark owner stops using a mark without the intention of using it again. Abandonment can occur in more ways than you might expect. The most obvious is simple non-use, but abandonment arguments are often built from surrounding conduct as well, such as public statements that a brand is being retired, […]
Ask Dr. Copyright® About AI
January 5, 2026
Ask Dr. Copyright, Copyright
Dear Doc, Many questions about artificial intelligence (AI) remain up in the air as judges try to keep up with technology that is developing faster than the speed of light. It seems to me that many of the issues might be solved if we just kept the AI companies from putting copies of other peoples’ […]
Be Careful of What You Wish For
December 16, 2025
Copyright, Litigation
In 2003, photographer Kenneth Adelman, posted images of the California coastline, which he described as dedicated to the preservation of California’s coastline. As we all know, there is some very pricey real estate on certain segments of the California coast, especially in Malibu. Barbara Streisand, who owned a large coastal estate, saw her property depicted […]
The Perils of Patriotic Branding
November 6, 2025
Trademark
Understanding USPTO Rules for Patriotic Trademarks The trademark selection process is full of traps for the unwary. Suppose you want a patriotic logo that waves the Stars and Stripes. Reasonable enough. But don’t. One client came to us after the USPTO refused registration of a mark that included the Jamaican flag. Under trademark examination rules, […]
Rebranding Missteps – Avoid Them or Pay Dearly
September 11, 2025
Trademark
Over the years, we’ve written several articles on rebranding. If we’ve learned anything, it’s that rebranding can be risky business. Consumers invest a lot of emotion in brands (including logos and trademarks), and should a brand physically change, it can light a firestorm of discontent, opprobrium and just downright nastiness. That brings us to the latest rebranding fiasco. In May 2024, Cracker […]
Can You Sue a Trademark Co-Owner?
August 7, 2025
Trademark
Under U.S. copyright law, as interpreted by the courts, each co-owner of a work owns an undivided interest in the work and is free to exercise those rights, including the right to license the work, without the permission of the other co-owners. As you can imagine, absent an agreement between co-owners, co-ownership of a copyright can potentially […]
Is a Car a Character?
July 3, 2025
Copyright
Do you enjoy car chases? Then you probably remember Eleanor—the sleek Mustang from the Gone in 60 Seconds franchise. She’s arguably the star of the film’s most thrilling scenes. But is Eleanor more than just a car? Is she a copyrightable character, like Mickey Mouse, Batman, James Bond, or even Godzilla? If you’re looking to monetize a character—especially […]
Robin-egg blue boxes and shiny red soles—some colors do more than please the eye. They signal status, evoke emotion, and, increasingly, serve as trademarks. Think Tiffany & Co.’s signature blue packaging or the iconic red soles of Christian Louboutin shoes. But can a company really own a color? How Color Became Trademarkable in the Eyes of the […]
Are Phantom Trademarks Real?
May 8, 2025
Trademark
What in the world are “phantom” trademarks? This was a new topic for us, although we had written about so-called “submarine” trademarks several years ago. Phantom vs. Submarine Trademarks: What’s the Difference? Filing a submarine trademark is a strategy aimed at maintaining a veil of secrecy over a company’s marketing plans by filing in a […]