All posts by: Adam Garson

About Adam Garson

Dear Doc: What’s the difference between an “Intellectual Property Attorney” and a “Patent Attorney”?Signed,Thinking of Applying Dear Thinker: You may not know it, but the Doc is BOTH! Under the Patent Law (37 U.S.C. §11.5), a person who wishes to represent others before the United States Patent and Trademark Office (USPTO)  in patent matters (a […]

That’s a great question and one that we frequently receive from clients who are expanding their businesses internationally. Your company’s trademark, whether a word, logo, tagline, or the look and feel of your packaging, are valuable assets, which require protection whether you are expanding your business domestically in the United States or internationally in a […]

In March 2019, we wrote with some concern, that as early as 2017 Chinese companies had filed more than 12 times the number of trademark applications with the USPTO than in previous years. At that time the director of the USPTO stated that “forecasts indicate that annual increases are expected to average 10% during the next 8 […]

The sound of popping beer cans on a hot summer day may evoke memories: quenching a thirst on a hot day, backyard barbecues, days at the beach, or sunny afternoons at the ballgame. Beer can sounds are not going away. The beer can market is going gangbusters. According to one industry source, in 2020, approximately 90.2 […]

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 […]