Earlier this year we wrote about recent trends in trademark filings by China. Between 2013 in 2017 Chinese companies filed more as PTO said than 50,000 trademark applications With the United States Patent and Trademark Office (USPTO). The increase in filings could be explained by growth in the Chinese economy and Chinese government subsidies, paying […]
All posts by: Adam Garson
Nearly two years ago we wrote about the Washington Redskins and its efforts to maintain their registration of REDSKINS, which the Trademark Trial and Appeal Board cancelled because it was disparaging of Native Americans. The U.S. Supreme Court took up the cause in an unrelated case, Matal v. Tam, and held that section 2(a) of […]
Amazon vs. Amazonas: Selling Stuff Prevails
June 13, 2019
Internet Law
The Amazon River is the longest, mightiest river in the world. Its headwaters lie in the Andes of Peru but numerous rivers of the Amazon Basin drain into the Amazon River as it meanders towards the Atlantic Ocean. The Amazon Basin, or Amazonas, is massive, comprised of seven countries – Bolivia, Colombia, Ecuador, Guyana, Peru, […]
EU Makes Big Changes to Its Copyright Law
April 11, 2019
Copyright
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, […]
China Deluges U.S. with Trademark Filings
March 14, 2019
Trademark
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 […]
MacDonald’s Loses its Mojo in the EU
February 14, 2019
Trademark
McDonald’s Trademark BIG MAC 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 […]
Anish Kapoor Declares Victory!
February 7, 2019
Copyright
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, […]
Tangible or Intangible? This is actually an interesting question. If you erect a sign displaying a trademark over a store, isn’t that a tangible representation of a trademark? Of course it is. On the other hand, if you were to license your trademark for use by another company, you don’t transfer a physical representation of […]
Nobody Repairs Stuff Anymore!
November 15, 2018
Copyright
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 NRA and the Bean
October 11, 2018
Copyright, Intellectual Property
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 […]