All posts by: Adam Garson

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Let’s Go Crazy and Support “Fair Use”

September 30, 2015 Adam Garson 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 Adam Garson 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 Adam Garson 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 Adam Garson 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 […]

Trademark Trial and Appeal Board Decisions Assume New Importance Says the U.S. Supreme Court!

April 30, 2015 Adam Garson Trademark

Back in January, we were so bold as to state that “it’s not very often that the United States Supreme Court decides a trademark issue…” Well, it appears that Supreme Court pronouncements in the trademark field are more common than we thought, at least this year. On March 24, 2015, the U.S. Supreme Court, inB&B […]

Aunt Jemima: Fact or Fiction? Where’s the Evidence?

February 27, 2015 Adam Garson Intellectual Property

It seems like the Aunt Jemima brand of pancakes and syrup has been around forever. And it almost has. Quaker Oats registered the U.S. trademark for AUNT JEMIMA in 1937. So, it must have been a complete surprise when D.W. Hunter and Larnell Evans, claiming they were the descendants of Anna Short Harrington (reputedly, Aunt […]

The Jury System is Alive and Well: The United States Supreme Court Weighs In On a Question of Trademark Law.

January 30, 2015 Adam Garson Trademark

It’s not very often that the United States Supreme Court decides a trademark issue but this month the Supremes delivered an opinion on a question of trademark law called “tacking.” So what is “tacking?” If you know, you probably should be reading a more advanced blog, but if you don’t, tacking is a doctrine for establishing […]

Congress Left It Up To The States To Protect Pre-1972 Sound Recordings

Do you remember the Turtles? They were the originators of such memorable hits as “Happy Together,” “It Ain’t Me Babe,” and “She’d Rather Be with Me.” The band was formed in 1965 and by 1970 was on the decline. You may think that when the Turtle’s hits were recorded they were protected by U.S. copyright […]

Fixed in a Tangible Medium … Tattoo Art

Now that sporting a tattoo has gone mainstream, it would only stand to reason – – given that tattoos are creative expressions fixed in a tangible medium (skin) – – that tattoo artists seek protection of their designs under copyright law. To date, few copyright cases involving tattoos have been filed but we’ve learned that […]

LWH Scores Another Success Against Domainer

September 30, 2014 Adam Garson Internet Law

Lipton, Weinberger & Husick (“LWH”) recently scored another success against domainer, Marchex, Inc. Here’s some background. Domainers – those who speculate in domain names – set up web sites for purposes of selling a domain or obtaining pay-per-click revenues. When the domain is identical or similar to another company’s trademark, trademark owners will attempt to […]

All posts by: Adam Garson

Let’s Go Crazy and Support “Fair Use”

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

Taylor Swift versus Apple versus Photographers

Trademark Trial and Appeal Board Decisions Assume New Importance Says the U.S. Supreme Court!

Aunt Jemima: Fact or Fiction? Where’s the Evidence?

The Jury System is Alive and Well: The United States Supreme Court Weighs In On a Question of Trademark Law.

Congress Left It Up To The States To Protect Pre-1972 Sound Recordings

Fixed in a Tangible Medium … Tattoo Art

LWH Scores Another Success Against Domainer

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All posts by: Adam Garson

Contact Adam Garson, Esq.

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