All posts by: Adam Garson

About Adam Garson

#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 […]

Trademark Disputes Can Be So Sweeeet!

March 8, 2016 Trademark

In late 2013 we wrote about a trademark dispute between the Hershey Company and Mars Inc. over whether Mars had trademark rights in the cross-section of its Snickers candy bar. Hershey opposed the mark on grounds that it was merely descriptive, de jure functional, generic, and failed to function as a trademark. The cross-section of […]

Have a Great Idea for BMW? Forget About It!

March 1, 2016 Litigation

Have you ever had a great idea for an existing product? Were you dying to approach the manufacturer to suggest it? Do you think that the manufacturer would even listen to you? David Lazarus, an LA Times reporter, recently wrote about this subject.  Mr. Lazarus recounts the experience of a Dr. Ron Aryel, who approached […]

Follow Up: Anne Frank’s Copyright

January 2, 2016 Copyright

Following up on a recent post, the copyright for the Diary of Anne Frank was set to expire in 2016 and, despite the controversy, so it did. The Verge reports that a spokesperson for French parliament member Isabelle Attard, posted a copy of the diary on her blog where she writes “welcome to the light, dear Anne.”  Attard […]

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