All posts by: Adam Garson

About Adam Garson

Ask Dr. Copyright® About AI

January 5, 2026 Ask Dr. Copyright, Copyright

Dear Doc, Many questions about artificial intelligence (AI) remain up in the air as judges try to keep up with technology that is developing faster than the speed of light. It seems to me that many of the issues might be solved if we just kept the AI companies from putting copies of other peoples’ […]

Be Careful of What You Wish For

December 16, 2025 Copyright, Litigation

In 2003, photographer Kenneth Adelman, posted images of the California coastline, which he described as dedicated to the preservation of California’s coastline. As we all know, there is some very pricey real estate on certain segments of the California coast, especially in Malibu. Barbara Streisand, who owned a large coastal estate, saw her property depicted […]

The Perils of Patriotic Branding

November 6, 2025 Trademark

Understanding USPTO Rules for Patriotic Trademarks The trademark selection process is full of traps for the unwary. Suppose you want a patriotic logo that waves the Stars and Stripes. Reasonable enough. But don’t. One client came to us after the USPTO refused registration of a mark that included the Jamaican flag. Under trademark examination rules, […]

Rebranding Missteps – Avoid Them or Pay Dearly

September 11, 2025 Trademark

Over the years, we’ve written several articles on rebranding. If we’ve learned anything, it’s that rebranding can be risky business. Consumers invest a lot of emotion in brands (including logos and trademarks), and should a brand physically change, it can light a firestorm of discontent, opprobrium and just downright nastiness. That brings us to the latest rebranding fiasco. In May 2024, Cracker […]

Can You Sue a Trademark Co-Owner?

August 7, 2025 Trademark

Under U.S. copyright law, as interpreted by the courts, each co-owner of a work owns an undivided interest in the work and is free to exercise those rights, including the right to license the work, without the permission of the other co-owners. As you can imagine, absent an agreement between co-owners, co-ownership of a copyright can potentially […]

Is a Car a Character?

July 3, 2025 Copyright

Do you enjoy car chases? Then you probably remember Eleanor—the sleek Mustang from the Gone in 60 Seconds franchise. She’s arguably the star of the film’s most thrilling scenes. But is Eleanor more than just a car? Is she a copyrightable character, like Mickey Mouse, Batman, James Bond, or even Godzilla? If you’re looking to monetize a character—especially […]

Can You Trademark a Color? Let’s Paint the Picture

June 5, 2025 Trademark

Robin-egg blue boxes and shiny red soles—some colors do more than please the eye. They signal status, evoke emotion, and, increasingly, serve as trademarks. Think Tiffany & Co.’s signature blue packaging or the iconic red soles of Christian Louboutin shoes. But can a company really own a color?  How Color Became Trademarkable in the Eyes of the […]

Are Phantom Trademarks Real?

May 8, 2025 Trademark

What in the world are “phantom” trademarks? This was a new topic for us, although we had written about so-called “submarine” trademarks several years ago.  Phantom vs. Submarine Trademarks: What’s the Difference? Filing a submarine trademark is a strategy aimed at maintaining a veil of secrecy over a company’s marketing plans by filing in a […]

Consumer Confusion and Trademark

April 10, 2025 Trademark

Lizzie Borden took an axe and gave her mother forty whacks. When she saw what she had done, she gave her father forty-one. — Anonymous And so begins our trademark tale at the site of the 1892 notorious ax murders of Andrew and Abby Borden in Fall River, Massachusetts. Lizzie Borden, Andrew Borden’s daughter, was accused of murdering her father […]

Use in Commerce: Don’t Be Defensive

March 13, 2025 Trademark

The United States trademark system is a “use” based system.  Using your trademark bestows upon you the benefits of trademark ownership whether you register your trademark with the United States Patent and Trademark Office (“USPTO”) or not. If you don’t register it, you still have trademark rights but only for your particular goods and services […]

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