The tide of cannabis legalization continues to sweep across the country, with both New Jersey and New York legalizing adult recreational use and starting to set up the regulatory and licensing systems to allow legal cannabis businesses. However, as previous strictures on cannabis use and commerce fall away, some cannabis entrepreneurs seem to be treating the newly legal market as a wild frontier, especially for trademarks. » Read More
The recent decision in SRI International, Inc. v. Cisco Systems, Inc. is another in a line of cases involving the federal court’s handling of the issues of willful infringement and enhanced damages, but it is actually a case about how parties handle the language in their jury instructions. » Read More
Mariah Carey is in the middle of a brawl with Irish whiskey makers over her choice of brand name for her new cream liqueur products.
On August 16, Ms. Carey posted a photo on Instagram with the caption “Introducing BLACK IRISH. » Read More
A few months ago, a federal appeals court ruling involving the UGG AUSTRALIA brand left some scratching their heads. The U.S. Trademark Office will generally not register a trademark (that is, recognize exclusive rights through issuance of a trademark registration) for a product category. » Read More
Product brands, and the trademarks that define them, are often divided along national borders. This is why Smarties® candies in the U.S. and Smarties® candies in the rest of the world are completely different products from different producers. Even a brand like Budweiser® beer is sold under a different name in Europe because a Czech brewer has the rights to that mark in the E.U. » Read More
Last month, Ben & Jerry’s filed a notice of opposition with the Trademark Trial and Appeal Board (“TTAB”) against two applications seeking to register the trademark HALF-BAKED for bakery items that include cookies, brownies, and cakes, among other treats, as well as dessert beverages infused with coffee and chocolate. » Read More
As a business owner, you regularly assess the risks associated with your business and how to limit exposure. Almost all business activities carry some risk of liability and the possibility of being named as a defendant in a lawsuit. One of the first questions asked when that situation arises is whether the company’s insurance policy will cover the claims asserted. » Read More
Three-dimensional (“3-D”) printing is an innovative way to make products without the expense of machinery in factories. At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. » Read More
The Copyright Act of 1976 provides the basic framework for modern U.S. copyright law. The statute includes “termination rights”—the right of an author to revoke the grant of a copyright after 35 years. As important as it is for authors to regain a revenue stream, particularly for creative works that achieve acclaim over the years, the exercise of the termination right is no easy task for an author, and even for an attorney not experienced in copyright matters. » Read More
