What do UPS and TAPATIO hot sauce have in common? Based on recent California Court filings, both companies are serious about protecting their trademarks from infringement by entities in the cannabis space.
In 2019, both...more
5/31/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dilution ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Misappropriation ,
Settlement Agreements ,
Tarnishment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Treble Damages ,
Unfair Competition ,
Willful Infringement
Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more
3/1/2019
/ Attorney's Fees ,
Consumer Confusion ,
Corporate Branding ,
Cosmetics ,
Damages ,
False Advertising ,
False Designation of Origin ,
Fashion Industry ,
FDA Approval ,
First Sale Doctrine ,
Gray Market Goods ,
Imports ,
Injunctive Relief ,
Lanham Act ,
Materiality ,
Product Packaging ,
Quality Control Plan ,
Tariff Act of 1930 ,
Tortious Interference ,
Trademark Exhaustion ,
Trademarks ,
U.S. Customs ,
Unfair Competition
In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified the scope of the doctrine of trademark mutilation....more
Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more
In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the I "Heart" DC marks owned by an individual, Jonathan A. Chien...more
Partner Thomas Yee and Associate Jonathan Menkes presented "10 IP Pitfalls Startups Should Avoid" to a group of local startup companies.
...more