Dear Doc: My new company paid $500 to a designer in Bulgaria for a company logo. The invoice we received says that we have “the right to use the logo in any way, forever.” We good? Signed,A Bit Worried Dear Bit: A recent case filed in both federal and state courts in Georgia should have […]
Blog – Adam Garson Law
Is Wisconsin Gruyere Really Gruyere or is it Just Cheese?
January 9, 2023
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, Roquefort cheese and Champagne from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State […]
New Year, New Beginnings
January 5, 2023
Patent
It’s time to turn over a bright, shiny new leaf and to make hopeful resolutions with the best of intentions. Your Faithful Narrator’s thoughts turn to a shiny new beginning of the distant past – to the year 1790, only three years after the Founders hammered out the new U.S. Constitution and one year after […]
*Originally posted on January 13, 2022 Trademarks may incorporate geographical terms but if the USPTO determines that a trademark is “primarily geographic”, the trademark application will be rejected. According to the USPTO, To support a refusal to register geographic matter, the Trademark Act requires that the mark be primarily geographic, that is, that its primary significance to […]
How Much Does it Cost to Hire a Trademark Lawyer?
December 19, 2022
Trademark
Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type of law firm you retain, nature and complexity of the work, and the type of fee arrangement. For example, attorneys are more likely to charge flat […]
Ask Dr. Copyright © About Rule of Law
December 15, 2022
Ask Dr. Copyright
Dear Doc: We all hear about the “Rule of Law”, but lawyers seldom discuss the rules of law, you know, the rules about how the system functions. Can you enlighten me? Signed, Nothing Better To Do Dear NBTD: While the “Rule of Law” means that everyone should be equal in the eyes of the law, […]
The Unabated Deluge of Chinese Trademark Applications
December 12, 2022
Trademark
In March 2019, we wrote with some concern, that as early as 2017 Chinese companies had filed more than 12 times the number of trademark applications with the USPTO than in previous years. At that time the director of the USPTO stated that “forecasts indicate that annual increases are expected to average 10% during the next 8 […]
Dog Poo Redux
December 8, 2022
Trademark
VIP Products, LLC markets a line of cute, humorous squeaky dog toys, consisting of vinyl replicas of liquor, beer, wine, and soda brands labeled with humorous names, usually related to dog poop. So, we have toys labeled “Smella R-Crotches”, Heini Sniff’n, Pissness, and Mountain Drool, associated with likenesses of Stella Artois beer, Heineken’s, Guinness, and Mountain […]
Click-Pop-Swish — No License Required!
December 5, 2022
Trademark
The sound of popping beer cans on a hot summer day may evoke memories: quenching a thirst on a hot day, backyard barbecues, days at the beach, or sunny afternoons at the ballgame. Beer can sounds are not going away. The beer can market is going gangbusters. According to one industry source, in 2020, approximately 90.2 […]
What is ‘Enablement’ and Why Should an Inventor Care?
December 1, 2022
Patent
Every patent claim must be enabled; that is, the application must have enough information to teach a knowledgeable person how to make and use the invention. But how much disclosure is enough? Consider an invention that includes a threaded bolt to hold two objects together. Infinite variations in the threads are possible, including variations in the shape […]