We have two trademark news updates this month: In our February 2022 newsletter, we discussed the importance of “geographical indications” in trademark law. You may recall that a geographical indication is an association between a geographical region and a particular product. To quote ourselves: Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and […]
All posts by: Adam Garson
Bloggers, Register Your Copyrights Now!
April 3, 2023
Copyright
Photographers have long been able to utilize the copyright system for registering groups of photographs for a single registration fee, now $55.00. It has to be one of the best bargains in the IP world. Registration gives photographers and other authors of original content access to federal courts, a presumption of validity, a public record of ownership […]
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 […]
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 […]
*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.