Blog – Adam Garson Law

11Sep 2023

It’s Not the 1960’s Anymore – ZKITTLEZ

September 11, 2023 Trademark
Cannabis Candy

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 […]

07Sep 2023

Why Not Fib to the Patent Examiner?

September 7, 2023 Patent
Duty of Candor

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 […]

04Sep 2023

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 […]

24Aug 2023

Ask Dr. Copyright © About AI

August 24, 2023 Ask Dr. Copyright
Question on a Keyboard

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 […]

17Aug 2023

Can Shein Weather the Latest Storm? Or is it a Tempest in a Teapot?

August 17, 2023 Copyright
Shein Website

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 […]

10Aug 2023

Sometimes a Bargain Isn’t

August 10, 2023 Patent
Float ’N’ Grill

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 […]

03Aug 2023

X-treme Rebranding

August 3, 2023 Trademark
Twitter X

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 […]

25Jul 2023

Ask Dr. Copyright © About Art

July 25, 2023 Copyright
Question on a Keyboard

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 […]

20Jul 2023

Shady Manipulation of the Patent Trial and Appeal Board

July 20, 2023 Patent
FDR

Between the stock market crash of 1929 and the election of Franklin D. Roosevelt in 1932, the U.S. economy fell off a cliff.  During that three-year period, five thousand banks failed and nine million bank accounts were suddenly worthless.  In the calamity of the Great Depression, millions of people were thrown out of work, unemployment stood at […]

13Jul 2023

SCOTUS Decides the Jack Daniel’s Dog Poop Case: No Jokes, Just Basic Trademark Principles

July 13, 2023 Trademark
jack daniels Bad Spaniels

The U.S. Supreme Court has rendered only 15 trademark opinions since 1924. So, it is always noteworthy when the Court considers a trademark case. This term, as we anticipated, the Court rendered its decision in the Jack Daniel’s trademark infringement case. We’ve been following this case since 2020 so you may recall the facts but here’s a refresher: VIP Products (“VIP”) sells, […]

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