A Kinder Approach to Cease and Desist Letters In the world of intellectual property, the “Cease and Desist” letter is king. These are letters from attorneys for the owner of a work or invention, sent to an alleged infringer of the owner’s intellectual property rights. The letters cite the legal basis for the owner’s claim, […]
Blog – Adam Garson Law
Long-Arm Reach of U.S. Trademark Law
May 11, 2023
Trademark
The Long-Arm Reach of U.S. Trademark Law – We’ll Soon Learn Just How Long It Is One may correctly assume that United States trademark law under the Lanham Act applies to conduct in the United States. That, of course, makes sense. But what if you are a U.S. company exporting goods abroad and your trademark is infringed […]
Dear Doc: It seems to me that every time I try to find out about intellectual property licensing, I end up more confused than ever. Are you able to help? Signed, Bothered and Bewildered Dear B&B: You are correct. Licensing is a complex area of business and of the law. Unfortunately, it is in the […]
Words are Important to Your Patent
May 4, 2023
Patent
“There is not a sexual relationship.” … “It depends on what the meaning of ‘is’ is.” President Bill Clinton Ah, the meaning of words, particularly simple words. Words you thought that you were intimately familiar with, words that you thought you understood. Words that can damage your presidency or even wreck your patent. Wait. A simple word can wreck your […]
Fair Use or Infringement — So Sorry
May 1, 2023
Copyright
Dozens of times over the past 10 years, we have written about the “fair use” exception to copyright infringement. You may recall that “fair use” under the U.S. Copyright Act permits limited use of copyrighted works for purposes of “criticism, comment, news reporting, teaching, scholarship, or research.” It’s a complex area and one that is continuously […]
Two thousand years ago, the Roman historian Tacticus said that “victory is claimed by all, failure to one alone.” Such is the fate of successful creative works, whether they are music, art, or television shows. In recent years, the Star Trek universe has expanded to include several new shows, including the successful Star Trek: Discovery. […]
Ask Dr. Copyright © About ChatGPT
April 20, 2023
Ask Dr. Copyright
Dear Doc: All this new artificial intelligence on the Internet looks like it can make life easier for authors. Why not have some help writing a first draft? Does the use of a system like ChatGPT have any effect on legal rights? Signed,Not an AI Dear NAAI: You sure stepped into the middle of a […]
Ask Dr. Copyright About Border Protection
April 17, 2023
Copyright
Dear Doc:How can federal “troops” (aka officers from Customs and Border Protection) just show up in cities to protect courthouses and other federal property, launch tear gas, and arrest people? Isn’t there something about limited jurisdiction and federalism that makes such things illegal?Signed,Anonymous Protestor Dear AP: You might think that these officers showing up in […]
We have two trademark news updates this month: In our February 2022 newsletter, we discussed the importance of “geographical indications” in trademark law. You may recall that a geographical indication is an association between a geographical region and a particular product. To quote ourselves: Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and […]
Ask Dr. Copyright About Using Online Images
April 10, 2023
Ask Dr. Copyright, Copyright
Dear Doc: Last month, you explained how to avoid legal issues concerning the use of music in podcasts. While that was interesting, many more ugly “lawyer letters” stem from use of images on websites and newsletters. Do you have any sage advice on how not to be on the receiving end of a nasty-gram from […]