All posts by: Adam Garson

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Auld Lang Syne and the Public Domain

March 13, 2023 Copyright

*Originally posted on January 12, 2023  Should auld acquaintance be forgot,And never brought to mind?Should auld acquaintance be forgot,And auld lang syne? (Chorus)For auld lang syne, my dear,For auld lang syne,We’ll take a cup of kindness yet,For auld lang syne The New Year evokes memories of old times and no song embodies that sentiment more […]

Old News Still True: The Internet is Not Free

March 2, 2023 Intellectual Property, Internet Law

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 […]

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 […]

Cannabis and Cake: Lessons from the Ninth Circuit

February 20, 2023 Copyright, Trademark

*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 […]

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 […]

France.com v. France: Sovereign Immunity Meets Trademark Law

January 2, 2023 Trademark

*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 […]

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