Blog – Adam Garson Law

Noun Confusion

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 […]

trademark psychedelic goods

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]