Dear Doc: I heard that “appropriation artist” Richard Prince is again involved in a lawsuit over his theft…uh, “appropriation” of another artist’s photograph. Given the Supreme Court’s decision in the Worhol case about the photograph of Prince, the musician, a few months ago, has anything changed or is Richard Prince still free to swipe anything […]
Blog – Adam Garson Law
You can make big money selling T-shirts. Visit teespring.com and you’ll get the point. It’s no wonder that we get many inquiries about how to trademark images appearing on T-shirts. Typically, the T-shirt entrepreneur has a great idea for a t-shirt slogan or design and, of course, they want to protect it. So, the entrepreneur […]
Are Watermelons Functional?
October 12, 2023
Trademark
McDonald’s golden arches, red and blue Chevron gas stations, and Dunkin’ Donuts pink and orange signs are familiar to most consumers. In legal parlance, these distinctive concepts are referred to as “trade dress.” Like trademarks, trade dress can be registered on the principal registry of the United States Patent and Trademark Office (“USPTO”). As we […]
An overlooked aspect of the marijuana legalization movement is its effect upon research and use of psychedelic substances such as psilocybin and LSD. Both substances are now subject of legitimate therapeutic research with renewed interest in potential legalization. Who would have guessed? Now comes along an enterprising entrepreneur and files a trademark application for the term PSILOCYBIN, which is […]
Oh, great. Another government shutdown. The last one lasted 35 days, ending January 25, 2019. Before that, it was February 2018 and, before that, January 2018. We’re about to have the government forcibly closed. Planning on a trip to a national park? Better reconsider. Want to sell your product to the military? Fuhgeddaboudit. What about the […]
“Reverse Confusion”: Don’t Be Confused
October 2, 2023
Trademark
Whether you are a regular reader of our newsletter or not, you should be familiar with the concept of “trademark infringement.” That’s when a business uses a trademark that is the same as or similar to that of another business, which causes confusion among consumers over the source of the goods or services. Typically, this involves […]
Ask Dr. Copyright © About Genericized Trademarks
September 25, 2023
Ask Dr. Copyright, Trademark
Dear Doc: I know this is not strictly a copyright question, but it seems to me that I now spend my time Zooming, having Zooms, meeting friends for Zoomtails, Zoomshipping, and so forth. I even Zoom when I am on some other system, like FaceTime. Is Zoom in legal trouble here? Signed,Generically Worried Dear GW: […]
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 […]
Blowing Your Mind and Your Trademark!
September 18, 2023
Trademark
Last month we wrote about a recent registration of the term PSILOCYBIN for educational materials related to psychoactive plants. The point of our article was that applying for generic terms as trademarks is not the most effective strategy for developing a distinctive brand. Now, sadly, a flurry of coronavirus-related trademark applications raises similar concerns. In a […]
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, […]