Blog – Adam Garson Law

27Feb 2023

Ask Dr. Copyright © About Parodies and Fair Use

February 27, 2023 Lawrence Husick Ask Dr. Copyright, Copyright

Dear Doc: I just had a lovely night at the theater, where I saw the musical “Vape.” The show was a copy of “Grease,” but with changed lyrics for nine songs and dialog that exposed just how sexist Grease is. Vape advertises that it is, “A live musical parody of Grease!” Vape doesn’t pay the […]

20Feb 2023

Cannabis and Cake: Lessons from the Ninth Circuit

February 20, 2023 Adam Garson Copyright, Trademark

*Originally posted on June 2, 2022 The United States Court of Appeals for the Ninth Circuit recently handed down an important opinion for the Cannabis world. Before we get into the weeds (so to speak), let’s start with some basics. Possession and use of cannabis on the federal level is illegal. It is referred to […]

16Feb 2023

What is Collateral Estoppel, and Why Should a Patent Owner Care?

February 16, 2023 Robert Yarbrough Patent

‘Collateral estoppel’ means that when a judge, jury or other tribunal finally decides an issue in litigation between two parties, then the decision controls the same issue between the same parties in subsequent litigation. The losing party can appeal a decision (usually), but once the appeals from the decision are exhausted the issue is decided […]

13Feb 2023

You Can’t Copyright That?

February 13, 2023 Joshua Waterston Copyright

*Originally posted on April 1, 2021 Copyright law often isn’t as well understood as, for example, criminal defense, or family law. Most people may know that if you write a book, perform a song, or take a photograph, you can obtain copyright protection for those works. But what about items that you can’t protect through […]

09Feb 2023

Art Imitates Life or Does It?

February 9, 2023 Adam Garson Trademark

Out of all the names Defendants could have used for the tax business portrayed in Episode 2, they decided not to be original at all, but instead ripped off the famous Liberty Tax trademark, which had been used for over 25 years, and mimic an actual Liberty Tax location just by adding the word “Sweet” […]

06Feb 2023

Attorney’s Fees: Adding Insult to Injury

February 6, 2023 Adam Garson Copyright

*Originally posted on December 17, 2020 In addition to an award of statutory damages, the ability to obtain attorney’s fees is often touted as an advantage of registering a copyright. Indeed, it is a strong incentive for some lawyers to take copyright infringement cases on a contingency basis. What’s not often discussed is that should […]

02Feb 2023

This Just In – Hell Frozen Over!

February 2, 2023 Robert Yarbrough Patent

The USPTO has LOWERED the cost of filing and prosecuting patent applications for small and micro entities. The USPTO filing fees for small entities (generally, companies with fewer than 500 employees) is now 40% of the filing fee for large entities, down from 50%. The USPTO fees for micro entities (generally, academics and individual inventors who have […]

30Jan 2023

CBD Redux – CBD in Food

January 30, 2023 Adam Garson Trademark

*Originally posted on April 14, 2022 The rapid but uneven legalization of cannabis-related products in the U.S. and the resulting jurisdictional patchwork where cannabis use may be legal in one state but not another, or on the state but not the federal level, has created confusion for trademark applicants. Some applicants, frustrated by the USPTO’s […]

23Jan 2023

Marketing a Cannabis Product? Words (and Use) Matter.

January 23, 2023 Adam Garson Intellectual Property, Trademark

Trademark applicants should exercise care when drafting descriptions of goods and services, particularly when marketing highly regulated goods.

16Jan 2023

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

Ask Dr. Copyright © About Parodies and Fair Use

Cannabis and Cake: Lessons from the Ninth Circuit

What is Collateral Estoppel, and Why Should a Patent Owner Care?

You Can’t Copyright That?

Art Imitates Life or Does It?

Attorney’s Fees: Adding Insult to Injury

This Just In – Hell Frozen Over!

CBD Redux – CBD in Food

Marketing a Cannabis Product? Words (and Use) Matter.

Ask Dr. Copyright © About the Collision Between Trademark and Copyright Law

Contact Adam Garson, Esq.

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Contact Adam Garson, Esq.

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