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IP Law Blog | Trademark Lawyer

Blog – Adam Garson Law

Trademark “abandonment” is what happens when a trademark owner stops using a mark without the intention of using it again. Abandonment can occur in more ways than you might expect. The most obvious is simple non-use, but abandonment arguments are often built from surrounding conduct as well, such as public statements that a brand is being retired, […]

Question on a Keyboard

Dear Doc, Many questions about artificial intelligence (AI) remain up in the air as judges try to keep up with technology that is developing faster than the speed of light. It seems to me that many of the issues might be solved if we just kept the AI companies from putting copies of other peoples’ […]

Question on a Keyboard

I saw the humanoid robot that Russia developed when it tried to walk across the stage and fell flat on its face. I’ve also seen that Tesla is developing a humanoid robot, and I’ve been amazed by the acrobatic stunts of the robot dogs from Boston Scientific. Now I have heard FigureAI, a Silicon Valley […]

In 2003, photographer Kenneth Adelman, posted images of the California coastline, which he described as dedicated to the preservation of California’s coastline. As we all know, there is some very pricey real estate on certain segments of the California coast, especially in Malibu. Barbara Streisand, who owned a large coastal estate, saw her property depicted […]

The short answer is – we’re about to find out. An inventor’s patent rights are based on the U.S. Constitution:  “Congress shall have power… to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress has exercised this power by […]

Question on a Keyboard

Dear Doc: I keep reading that the New York Times, book publishers, authors, musicians, and others are bringing lawsuits against companies that develop artificial intelligence software, claiming that the AI companies are infringing copyright by using published materials to “train” AI. What’s going on? Signed,Genuinely Intelligent Dear GI: The authors and publishers object not only to […]

US Flag

Understanding USPTO Rules for Patriotic Trademarks The trademark selection process is full of traps for the unwary. Suppose you want a patriotic logo that waves the Stars and Stripes. Reasonable enough. But don’t. One client came to us after the USPTO refused registration of a mark that included the Jamaican flag. Under trademark examination rules, […]

beach umbrellas

Your faithful correspondent finds the beach superior in concept to execution.  The concept is a sun-drenched paradise, with clear waves gently lapping on the white sand and whales cavorting in the distance.  The reality is sun burn, dehydration, sand too hot to walk on and saltwater mosquitoes that drain a pint at a time.  In […]

Cracker Barrel logo

Over the years, we’ve written several articles on rebranding. If we’ve learned anything, it’s that rebranding can be risky business. Consumers invest a lot of emotion in brands (including logos and trademarks), and should a brand physically change, it can light a firestorm of discontent, opprobrium and just downright nastiness. That brings us to the latest rebranding fiasco. In May 2024, Cracker […]