All posts by: Adam Garson

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Common-Law Copyright Redux

January 5, 2017 Copyright

Two years ago we wrote about Floe & Eddie, Inc.’s, attempt to obtain royalties from SiriusXM for performances of the Turtle’s pre-February 1972 sound recordings. Floe & Eddie filed claims in California, New York, and Florida seeking to obtain royalties for performances of their recordings under state common law. You may recall that for pre-February 1972 sound […]

The Liberation of “We Shall Overcome”

December 15, 2016 Copyright

It’s crazy that a standard tune such as “Happy Birthday” sung by millions worldwide in a multitude of languages could actually be claimed “private property” subject to copyright protection.  Now we learn that another famous song, “We Shall Overcome” is also subject to a copyright dispute. The New York Times has reported extensively on the […]

The Trademark Adventures of Buck Rogers

November 15, 2016 Trademark

The Buck Rogers comic strip and its many spin-off novellas, films, television series, and toys introduced Americans to the dream and adventure of space travel.  Legal conflicts over possession of the rights to Buck Rogers have been more mundane but just as long lived. The comic strip, which debuted in 1929, was developed by Philip Francis […]

99 Bottles of Beer on the Wall, 99 Bottles of Beer 

September 24, 2016 Trademark

IP lawyers like beer, at least this one does.  So, we also like to write about beer trademarks.  Here’s one you can drink to.  The Irish Times recently reported that the city of Munich has filed a new European Union trademark application for OKTOBERFEST, hoping, we assume, to profit from licensing the name to the countless […]

#copyright; #trademark; #patents; #ip

August 5, 2016 Trademark

Trademarking Hashtags Originating in Twitter as a means of designating keyword search terms, the # (hashtag) has become a ubiquitous symbol of the social media age.  As the political season heats up, tweeting has gone wild with political candidates and their supporters exchange 140 character barbs.  This hyperactivity has spilled over to print and digital […]

So What Is Craft Beer, Anyway?

July 7, 2016 Trademark

Over the past several years, the question of what’s a “craft beer” and who qualifies to make a craft beer has been a front and center issue among the brewing community. It started when “Macro Brewers” began making “small” batch brews such as “Blue Moon” manufactured and sold by the “Blue Moon Brewing Company,” a […]

Defend Trade Secrets Act – A New Federal Cause of Action

May 31, 2016 Trademark

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA” or “Act”). The bill was largely uncontroversial (imagine that), passing the Senate by an 87-0 vote and the House by a 410-2 vote. The DTSA is an important piece of legislation.  It is so important that we have decided to focus our […]

Words, War, Film, and the First Amendment

April 4, 2016 Uncategorized

When lawyers and lay people talk about “intellectual property” (IP) they are usually referring to patents, trademarks, copyright, and trade secrets. But IP may consist of other rights including the “right of publicity.” The right of publicity refers to those rights related to control of the commercial use of one’s identity typically consisting of a […]

Posting Images on Flickr:  Is it Publication?

April 1, 2016 Copyright

During a recent presentation on copyright law to the Lehigh Valley Photography Club, several members expressed an interest in knowing whether posting images to a photo sharing site such as Flickr.com was “publication” for purposes of copyright registration. I expressed my opinion that it is publication. I thought it would be useful to take a […]

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