All posts by: Adam Garson

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Breaking News: Trademark Issued for the Word “THE”

July 14, 2022 Trademark

Copyright consists of a bundle of rights, and the Copyright Act itself defines a “Copyright Owner” as the owner of “particular right.” (§ 101). In this sense, “copyright” is a noun, used to identify a right of ownership; it is not a verb. A trademark, on the other hand, is not a noun, nor a […]

Trademarks and NFTs: More Headaches

May 5, 2022 Intellectual Property, Trademark

New technologies give rise to new intellectual property headaches. Non-fungible tokens or NFT’s are no exception. What is an NFT? For the uninitiated (and hermits), an NFT is a unique digital token that one can own, sell, or redeem. Bitcoin and Ethereum are examples of digital tokens. Cryptocurrency, however, is fungible. The Bitcoin I own is not unique […]

When is a Chair just a Chair?

December 9, 2021 Trademark

When is a chair just a chair (and not a trademark)? The Trademark Trial and Appeal Board (the “Board” or “TTAB”) recently considered this question in an opinion on whether Herman Miller, Inc. (“Herman Miller”) could claim trademark rights in a famous chair design dating back from the 1940s when Charles and Ray Eames developed a technique for molding […]

Necessity is the Mother of… Too Late for That.

November 11, 2021 Patent

First your headlamp failed and then your backup light and then the light on your phone.  It’s pitch black. Not just shadowy black, but absolutely, completely black – so black that the fish have no eyes.  You’re in a limestone cave, deep underground. You’ve been utterly lost for hours.  There are no paths, only the […]

How Do I Register My Trademark in a Foreign Country? Part II

November 4, 2021 Trademark

The WIPO website devotes a whole page to the “benefits of the Madrid System”. From it, you can glean four principal advantages: (1) it is equitable, that is, it is available to “small startups” or “large multinational” organizations alike; (2) it is convenient; (3) it is global in reach; and (4) it is cost effective. Let’s examine each […]

Ask Dr. Copyright © About the Difference Between an Intellectual Property Attorney and a Patent Attorney

October 21, 2021 Copyright

Dear Doc: What’s the difference between an “Intellectual Property Attorney” and a “Patent Attorney”?Signed,Thinking of Applying Dear Thinker: You may not know it, but the Doc is BOTH! Under the Patent Law (37 U.S.C. §11.5), a person who wishes to represent others before the United States Patent and Trademark Office (USPTO)  in patent matters (a […]

How Do I Register My Trademark in a Foreign Country? Part I

October 7, 2021 Trademark

National Filing. The first method consists of directly filing a trademark application in the foreign country. This is commonly referred to as a “National Filing.” Typically, your US attorney will retain a trademark attorney in the country where you wish to register your trademark. You provide the foreign attorney with a power of attorney and […]

Cauliflower Creates Confusion in the Marketplace!

July 15, 2021 Technology

Food technology has come a long way over the past several decades. Great strides have been made in developing substitutes for meat, dairy, and gluten containing flours. We now have “milk” made from oats and almonds, meat substitutes made from various vegetable based ingredients, and gluten free bakery products made from amaranth, millet, sorghum and, would […]

The Shop Safe Act of 2020 – the Remedy We’ve Been Looking For?

April 8, 2021 Trademark

In its 2020 Review of Notorious Markets for Counterfeiting and Piracy, the United States Trade Representative warns: “Commercial-scale copyright piracy and trademark counterfeiting cause significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety.” […]

You May Register Multiple Copyrights in a Single Application But Beware

February 11, 2021 Copyright

In 2011, H. R. 2511, “Innovative Design Protection and Piracy Prevention Act” was an attempt by Congress to extend copyright protection to fashion design. The bill died in Congress and never received a vote. To this day, fashion designs remain unprotected under U.S. copyright law. One fashion-related area that has received considerable attention, however, is in the […]

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