Dear Doc: What’s Up Doc? A thumb! So what does it take for a text message to become a legally binding contract? Signed,Sorta Worried Dear Sorta: One of the first things you learn in law school (provided you’re paying attention) is that in order to have a contract, you need an offer, acceptance of the […]
Blog – Adam Garson Law
Cheese and Chips: On the Vanguard of Quality Control
September 14, 2023
Intellectual Property, Trademark
Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, and Roquefort cheese from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State apples, […]
It’s Not the 1960’s Anymore – ZKITTLEZ
September 11, 2023
Trademark
Terphogz simply helped itself to Wrigley’s famous SKITTLES Marks, picking “ZKITTLEZ” as the name of its drugs, knocking off Wrigley’s federally registered TASTE THE RAINBOW slogan, and even copying Wrigley’s S logo. Terphogz appears to be a legitimate California company. Why would it believe that it could avoid a lawsuit by marketing a knockoff of […]
Why Not Fib to the Patent Examiner?
September 7, 2023
Patent
You and your patent attorney have a ‘duty of candor’ to the USPTO You’ve created a great invention. You hire a patent attorney and file a patent application. While your application is pending, you poke around in Google Patents and come across prior art that would preclude a valid patent for one of your claims. Do […]
Counterfeiters On Your Property? Don’t Turn a Blind Eye
September 4, 2023
Trademark
Ever been approached by an enterprising salesperson with a coat full of fake Rolex watches? It’s a risky business. The FBI, federal marshals, customs officials and brand owners may be involved in enforcing trademark and anti-counterfeiting laws. Did you know that not only sellers but their landlords may be liable? Under a theory of contributory […]
Ask Dr. Copyright © About AI
August 24, 2023
Ask Dr. Copyright
Dear Doc: I see that several artists and authors have sued artificial intelligence companies, claiming that using their writings, artwork, voices, etc. to train AI systems violates copyright. What do you think of that? Can they stop this whole AI thing using copyright law? Signed,Asking for an Artificial Friend Dear Asking: The Doc is skeptical […]
If you know about “fast fashion,” you surely have heard of the Chinese fast-fashion giant, Shein. It is a favorite of those who desire cheap clothing in a seemingly infinite and ever-changing selection of styles. Despite, and perhaps partly because of its worldwide dominance and popularity, Shein has been a magnet for legal and ethical accusations, including trademark […]
Sometimes a Bargain Isn’t
August 10, 2023
Patent
So you came up with a great invention – let’s say a floating grill for cooking your burgers. You know that unless your grill has patent protection it will be knocked off immediately. Clearly, you need a patent. You read up on the topic and learn that you can file a patent application yourself – you […]
X-treme Rebranding
August 3, 2023
Trademark
The big rebranding news this month is Elon Musk’s renaming Twitter to, yes, you probably know already, X. You may ask, can you even file a trademark registration for a single letter? The answer is definitely “yes” so long as the mark is distinctive for the class of goods and services it is registered to identify. Just […]
Ask Dr. Copyright © About Art
July 25, 2023
Copyright
Dear Doc: Now that the Supremes have settled the whole fair use debate (except for all the issues that they left unsettled, and the new issues that their decision in the Warhol case created…), what’s this that I hear about bananas? Sincerely,Froot Loopy Dear Loopy: Did you know that “Froot Loops” is called that because […]