All posts by: Adam Garson

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X-treme Rebranding Part II: A Case of Reverse Confusion

November 9, 2023 Trademark

In trademark speak, “reverse confusion” occurs whenever the junior user of a trademark dominates the market such that the senior user of the same or a confusingly similar mark loses its accumulated goodwill in the marketplace. This was the subject of our recent article about the case of Ironhawk Technologies, Inc. v. DropBox, Inc. in which the U.S Court of […]

Brewers — Get It Right the First Time!

November 6, 2023 Trademark

The popularity of craft beer increases every year. In 2015, there were 4,144 breweries in the United States.  Pennsylvania was one of 15 states that is home to more than 100 craft breweries. Starting a brewery may be a popular endeavor but it is not simple. There is a thicket of state and federal regulations […]

Are Watermelons Functional?

October 12, 2023 Trademark

McDonald’s golden arches, red and blue Chevron gas stations, and Dunkin’ Donuts pink and orange signs are familiar to most consumers. In legal parlance, these distinctive concepts are referred to as “trade dress.” Like trademarks, trade dress can be registered on the principal registry of the United States Patent and Trademark Office (“USPTO”). As we […]

PSILOCYBIN Gets a Trademark Registration But is it a Trademark?

October 9, 2023 Trademark

An overlooked aspect of the marijuana legalization movement is its effect upon research and use of psychedelic substances such as psilocybin and LSD. Both substances are now subject of legitimate therapeutic research with renewed interest in potential legalization. Who would have guessed? Now comes along an enterprising entrepreneur and files a trademark application for the term PSILOCYBIN, which is […]

“Reverse Confusion”: Don’t Be Confused

October 2, 2023 Trademark

Whether you are a regular reader of our newsletter or not, you should be familiar with the concept of  “trademark infringement.” That’s when a business uses a trademark that is the same as or similar to that of another business, which causes confusion among consumers over the source of the goods or services. Typically, this involves […]

Blowing Your Mind and Your Trademark!

September 18, 2023 Trademark

Last month we wrote about a recent registration of the term PSILOCYBIN for educational materials related to psychoactive plants. The point of our article was that applying for generic terms as trademarks is not the most effective strategy for developing a distinctive brand. Now, sadly, a flurry of coronavirus-related trademark applications raises similar concerns. In a […]

Cheese and Chips: On the Vanguard of Quality Control

September 14, 2023 Intellectual Property, Trademark

Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, and Roquefort cheese from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State apples, […]

It’s Not the 1960’s Anymore – ZKITTLEZ

September 11, 2023 Trademark

Terphogz simply helped itself to Wrigley’s famous SKITTLES Marks, picking “ZKITTLEZ” as the name of its drugs, knocking off Wrigley’s federally registered TASTE THE RAINBOW slogan, and even copying Wrigley’s S logo. Terphogz appears to be a legitimate California company. Why would it believe that it could avoid a lawsuit by marketing a knockoff of […]

Counterfeiters On Your Property? Don’t Turn a Blind Eye

September 4, 2023 Trademark

Ever been approached by an enterprising salesperson with a coat full of fake Rolex watches?  It’s a risky business. The FBI, federal marshals, customs officials and brand owners may be involved in enforcing trademark and anti-counterfeiting laws. Did you know that not only sellers but their landlords may be liable? Under a theory of contributory […]

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