All posts by: Adam Garson

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Branding Rules While Candy Bars Wage Battle ….

November 27, 2013 Trademark

If you ever doubted the economic importance of branding, take a look at the 2013 World Intellectual Property Report authored by the World Intellectual Property Organization (WIPO).  For the  period from 1987 to 2011, United States investments in branding accounted for close to a quarter of all intangible asset investments!  Brand ranking organizations value the […]

Six Strikes and You’re Out (of Internet Access) …

September 30, 2013 Copyright

In February of this year, the Center For Copyright Information (CCI) — a group representing rights holders in the media industries — began a so-called “six-strikes” educational campaign to combat Internet piracy.  Leading Internet Service Providers  (ISP) — Verizon, Time Warner, Cablevision, Comcast and AT&T — are taking part. Here’s how it works.  When it […]

The DMCA to the Rescue (Maybe) …

July 31, 2013 Copyright

In a recent embarrassing broadcast by KTVU television of San Francisco, the morning anchor, Tori Campbell, identified the pilots of the recent San Francisco Asiana airline crash as “Captain Sum Ting Wong,” “Wi Tu Lo,” “Ho Lee Fuk,” and “Bang Ding Ow.”   As she read the names, Campbell didn’t flinch and, even more perplexing, […]

Protecting the Latest Food Sensation

June 29, 2013 Trademark

OMG, I have to try one of these…. That appears to be the general consensus about the so-called “Cronut,” the new New York City food sensation.  Early morning lines stretch around the block with customers lining up to buy this croissant-donut hybrid two hours before the Dominique Ansel Bakery in SoHo opens.  It’s so wild […]

The Naked Truth About Fair Use Applied to Trademarks

May 30, 2013 Trademark

We’ve written a lot about the “fair use” concept in the copyright context but did you know that there is also a fair use concept in trademark law? Here’s a case that illustrates the point. In 2012, the Naked Cowboy (yes, you read it correctly) of New York City fame, sued CBS for trademark infringement […]

Just How Much Can an Artist Appropriate and Get Away With — Plenty!

April 30, 2013 Copyright

So, do you know what an “appropriation artist” is?  It’s an artist who uses preexisting objects or images to create new works of art.  While you might guess that appropriation artists keep many a copyright lawyer employed they also sell their works for large sums of money.  Take for example, Richard Prince, perhaps, the most […]

Kirtsaeng Wins Before the Supreme Court!

March 28, 2013 Copyright

If you’re a regular reader of our newsletter, you may recall in 2011 our writing about Supap Kirtsaeng’s legal problems when he was sued by John Wiley & Sons, Inc. (“Wiley”) for selling text books on e-bay.  Kirtsaeng, a Thai national, opened a used textbook business in 2009 to support his educational studies in the […]

Terms of Service Didn’t Read

February 28, 2013 Internet Law

If you thought reading privacy policies was a was a waste of time you were right. The Carnegie Mellon Institute calculated that it would take 10 minutes to read the privacy policies of the 75 most popular websites at the standard reading rate of 250 words per minute. The medium length of privacy policies from […]

Check Those Employee Handbooks!

January 31, 2013 Internet Law

There have been a spate of reporting about the National Labor Relations Board’s (NLRB) recent decisions about the use of social media by employees.  You may think that an employer should have absolute control over its employees’ right to talk about the employer or its customers on the Internet, but that is not the case.  […]

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