All posts by: Adam Garson

About Adam Garson

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 […]

Let’s Go Crazy and Support “Fair Use”

September 30, 2015 Copyright

In 2007, Stephanie Lenz posted a cute 29-second YouTube video of her 13-month-old son dancing and giggling to the music of Prince’s “Let’s Go Crazy”. Four seconds into the video Lenz asks her baby “what do you think of the music?” And the baby bobbles up and down holding his push toy. You have to […]

Taylor Swift’s Turn to Capitulate (Sort of…)

August 3, 2015 Copyright

In our last newsletter we wrote about Taylor Swift’s open letter to Apple, Inc. and the ensuing kerfuffle over Taylor Swift’s hypocrisy for the way she treated photographers covering her concerts. Just to recap, Swift’s letter to Apple scolded the company for not compensating artists during its customers’ 3-month free Apple Music trial. Apple, you […]

Taylor Swift versus Apple versus Photographers

June 30, 2015 Copyright, Intellectual Property

On the subject of interesting IP spats, here’s one that’s worth smiling (or frowning) over. You may know that Taylor Swift recently complained in an open letter to Apple about its using musicians’ work without compensation during the 3-month trial period of its new music streaming service (which, by the way, debuts today).  Swift wrote: […]

11 Do’s and Don’ts When Posting Images Online

May 29, 2015 Copyright, Intellectual Property, Internet Law, Licensing

There are many misconceptions about posting images on websites and social media. They range from believing everything online is free-for-the-taking to assuming that if you give attribution of ownership to an image, you’re not infringing someone’s copyright. These assumptions are just plain wrong. Just ask anybody who’s received a cease and desist letter and ended […]

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