Blog – Adam Garson Law

10Apr 2025

Consumer Confusion and Trademark

April 10, 2025 Trademark
Consumer Confusion

The Notorious Lizzie Borden Ax Murders Lizzie Borden took an axe and gave her mother forty whacks. When she saw what she had done, she gave her father forty-one. — Anonymous And so begins our trademark tale at the site of the 1892 notorious ax murders of Andrew and Abby Borden in Fall River, Massachusetts. Lizzie Borden, Andrew Borden’s daughter, […]

03Apr 2025

Experimental Use in Patent Law

April 3, 2025 Patent
Experimental Use in Patent Law

Query: I saw a cool new patented invention, and I want to make a copy to conduct experiments and perform research.  I won’t sell the copy.  Will I be liable for patent infringement? Answer: Almost certainly, but maybe not. What is ‘Experimental Use’ in Patent Law? In certain limited circumstances, making and using a patented invention for […]

20Mar 2025

Ask Dr. Copyright® About Birkenstocks

March 20, 2025 Ask Dr. Copyright, Copyright
birkenstock copyright

Dear Doc: Some things are protected by trademarks. Some by copyrights. Some by “trade dress”. Others by design patents. Some by utility patents. And others by trade secrets. How do you lawyers decide which is which, and can it be more than one? Signed, Confused Again Dear CA: Yes…this can be confusing, and often the stakes […]

13Mar 2025

Use in Commerce: Don’t Be Defensive

March 13, 2025 Trademark
trademark use in commerce

The United States trademark system is a “use” based system.  Using your trademark bestows upon you the benefits of trademark ownership whether you register your trademark with the United States Patent and Trademark Office (“USPTO”) or not. If you don’t register it, you still have trademark rights but only for your particular goods and services […]

06Mar 2025

Reason for Hope at the USPTO

March 6, 2025 Patent
USPTO Office

Any Federal employee and anyone in the private sector who does business with the Federal government is facing a period of uncertainty and forced career change.  With mass Federal layoffs and confirmation of Cabinet secretaries of non-existent or frankly troubling credentials, the intent appears to be that large portions of government will disappear and others will grind […]

13Feb 2025

An “UGG”ly Trademark Dispute

February 13, 2025 Trademark
UGG trademark dispute

There isn’t a singular, unified “international trademark system” in the sense of a global organization that governs trademarks worldwide. There are, however, international frameworks and treaties that facilitate trademark protection enforcement across multiple jurisdictions. There is the Paris Convention for the Protection of Industrial Property, the Madrid System, and various regional trademark systems such as the European Union […]

06Feb 2025

Who Will Review the Patent Applications?

February 6, 2025 Patent
Donald Trump USPTO

Long before COVID 19 and remote work, there was the USPTO ‘hoteling’ system. It started in 1997 with 18 employees, and expanded to 500 employees in 2005 and 2006, as the USPTO moved to its shiny new offices in Alexandria.  Over the years, the program has expanded to include pretty much any examiner with more than a year of […]

09Jan 2025

The Power of Nostalgia Marketing

January 9, 2025 Trademark
nostalgia marketing

Strong brands are designed to evoke emotional connections between brand and consumer.  That’s why brand owners are eager to leverage “nostalgia,” a sentimental longing for the past, to create deep and more meaningful relationships with their audience. Nostalgia marketing is very powerful. It can evoke emotions, trust and loyalty by “tapping into the positive memories and […]

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