All posts by: Adam Garson

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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, […]

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 […]

Legal Notes on Cryptocurrency and Blockchains

September 13, 2018 Technology

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 […]

Candy Bars Make Trademark News Yet Again

August 9, 2018 Trademark

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 […]

Getting Your Privacy Policy Right Under the GDPR

July 5, 2018 Internet Law, Privacy

We recently wrote about the EU’s new General Data Protection Regulation (“GDPR”) and how it might affect your business operations.  You may recall that the main focus of the GDPR is the protection of personal data and digital privacy. If you offer products and services to EU citizens or collect, use, or share personal information […]

Smelling the Doh – Registering an Iconic Smell with the USPTO

June 7, 2018 Trademark

Registering an Iconic Smell The distinctive smell of Play-Doh evokes memories of many happy hours of childhood play, those of my children and mine. Perhaps, if you played with the colored “doh,” you probably share similar nostalgia.  Hasbro has been making Play-Doh since the 1950’s and its distinct odor is not natural but a fragrance […]

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