Blog – Adam Garson Law

11Jul 2024

Chili Crunch Gives Momofuku Heartburn

July 11, 2024 Trademark
Chili Crunch

Policing trademarks is as important as registering them.  Policing requires that you monitor the world of commerce to ensure that others are not using your marks — or confusingly similar marks — and, if so, that you take immediate action against the infringers. There is little point in owning a trademark if you are willing to […]

08Jul 2024

Trademark Specimens for Complex Goods Are Not So Simple

July 8, 2024 Trademark
TM is for Trademarks

In our experience, trademark applicants are often confused about the specimen requirements submitted with a trademark application involving goods (as opposed to services).  The specimen is used to prove “use in commerce.” Use in commerce under the Lanham Act is deemed to be when the mark is “placed in any manner on the goods or […]

27Jun 2024

Cannabis Scheduling and Rescheduling: Part I

June 27, 2024 Uncategorized
Cannabis Plant

Another Long Strange Trip In 1970, the U.S. Congress enacted the Controlled Substances Act (CSA) to establish a federal drug policy regulating the manufacture and distribution of regulated substances. The CSA classified cannabis (the CSA schedule refers to marijuana and cannabis interchangeably.) as a Schedule I controlled substance. Schedule I substances are considered to have […]

24Jun 2024

Horror Retail Meets Copyright Law

June 24, 2024 Copyright, Intellectual Property, Trademark

Policing your trademarks is as important as registering them.  Policing requires that the trademark and other rights owners monitor the world of commerce to ensure that others are not stealing their intellectual property and, if so, take immediate action against infringers.  Many corporations zealously defend their trademark portfolios. Here’s but one example. In a recent article at Wired.com, The […]

20Jun 2024

Why Perform a Trademark Search?

June 20, 2024 Trademark

It is surprising how many trademark applicants file their applications without having performed a search to see whether their proposed trademark is even registrable. If you fall into this category, here is some guidance. Once you have created a list of potential trademarks, you have to ensure that no one else has registered the mark […]

13Jun 2024

Major Change for Designers and Design Patent Owners

June 13, 2024 Patent
LKQ v GM image

Did You Feel It? The Earth Just Shifted Under Every Designer and Design Patent Owner. In March and April, we reminded you that there are two types of patents – utility and design.  Utility patents address how the better mousetrap catches mice.  Design patents address the ornamental appearance of the mousetrap.  Our topic this month is again design patents. […]

06Jun 2024

Welcome Gretchen L. Temeles, Ph.D., J.D.

June 6, 2024 Uncategorized
Gretchen L. Temeles

A new lawyer has joined the ranks of Lipton, Weinberger & Husick. So, welcome our new partner, Gretchen L. Temeles, Ph.D., J.D. Gretchen arrives at our firm with experience that will greatly complement our patent prosecution and related practice. Here’s an overview of her experience: Gretchen is an experienced intellectual property attorney and scientist. She […]

20May 2024

Viacom v. YouTube: The Saga Continues

May 20, 2024 Copyright
gavel of justice

YouTube is no stranger to copyright infringement issues.  In 2008, Viacom filed a $1 billion copyright infringement suit against YouTube, claiming that the video site contributed to an explosion of copyright infringement by permitting users to post infringing videos.  The federal district court eventually dismissed Viacom’s action against YouTube on grounds that the Digital Millennium […]

16May 2024

Ask Dr. Copyright © About Non-Competes

May 16, 2024 contract law
non competition agreements

Dear Doc: I just heard that the Federal Trade Commission (FTC) has effectively outlawed all “non-compete” agreements. What will that mean for businesses that want to protect their competitive advantages? Signed,Every Fatcat, Ever Dear Mr. Large Feline: For many years, companies have forced their employees to sign agreements that restrict where and how they work […]

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