Development and public release of ChatGPT and other artificial intelligence (AI) based chatbots has cast AI into the public spotlight even though it has been a subject of modern academic research since the 1940’s. Over the years, we’ve written several articles on artificial intelligence and intellectual property law. Way back in 2017, we pondered the question of whether a work generated by AI is protected under copyright […]
All posts by: Adam Garson
Ask Dr. Copyright ©, A Parody by ChatGPT
February 28, 2023
Ask Dr. Copyright
We asked ChatGPT for a parody of Dr. Copyright. Here’s what we got: Dr. Copyright was feeling quite pleased,His legal power was never to be eased.He guarded the rights of creators with glee,Making sure no one used their works for free. But little did he know, his power was slipping,As technology made it easier for […]
*Originally posted on June 2, 2022 The United States Court of Appeals for the Ninth Circuit recently handed down an important opinion for the Cannabis world. Before we get into the weeds (so to speak), let’s start with some basics. Possession and use of cannabis on the federal level is illegal. It is referred to […]
Art Imitates Life or Does It?
February 9, 2023
Trademark
Out of all the names Defendants could have used for the tax business portrayed in Episode 2, they decided not to be original at all, but instead ripped off the famous Liberty Tax trademark, which had been used for over 25 years, and mimic an actual Liberty Tax location just by adding the word “Sweet” […]
Attorney’s Fees: Adding Insult to Injury
February 6, 2023
Copyright
*Originally posted on December 17, 2020 In addition to an award of statutory damages, the ability to obtain attorney’s fees is often touted as an advantage of registering a copyright. Indeed, it is a strong incentive for some lawyers to take copyright infringement cases on a contingency basis. What’s not often discussed is that should […]
CBD Redux – CBD in Food
January 30, 2023
Trademark
*Originally posted on April 14, 2022 The rapid but uneven legalization of cannabis-related products in the U.S. and the resulting jurisdictional patchwork where cannabis use may be legal in one state but not another, or on the state but not the federal level, has created confusion for trademark applicants. Some applicants, frustrated by the USPTO’s […]
Trademark applicants should exercise care when drafting descriptions of goods and services, particularly when marketing highly regulated goods.
Is Wisconsin Gruyere Really Gruyere or is it Just Cheese?
January 9, 2023
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, Roquefort cheese and Champagne from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State […]
*Originally posted on January 13, 2022 Trademarks may incorporate geographical terms but if the USPTO determines that a trademark is “primarily geographic”, the trademark application will be rejected. According to the USPTO, To support a refusal to register geographic matter, the Trademark Act requires that the mark be primarily geographic, that is, that its primary significance to […]
How Much Does it Cost to Hire a Trademark Lawyer?
December 19, 2022
Trademark
Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type of law firm you retain, nature and complexity of the work, and the type of fee arrangement. For example, attorneys are more likely to charge flat […]