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 as a Schedule 1 drug under […]
Trademark
Art Imitates Life or Does It?
February 9, 2023
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” […]
CBD Redux – CBD in Food
January 30, 2023
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 […]
Trademark applicants should exercise care when drafting descriptions of goods and services, particularly when marketing highly regulated goods.
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 […]
Is Wisconsin Gruyere Really Gruyere or is it Just Cheese?
January 9, 2023
Trademark
Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, Roquefort cheese and Champagne from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State […]
*Originally posted on January 13, 2022 Trademarks may incorporate geographical terms but if the USPTO determines that a trademark is “primarily geographic”, the trademark application will be rejected. According to the USPTO, To support a refusal to register geographic matter, the Trademark Act requires that the mark be primarily geographic, that is, that its primary significance to […]
How Much Does it Cost to Hire a Trademark Lawyer?
December 19, 2022
Trademark
Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type of law firm you retain, nature and complexity of the work, and the type of fee arrangement. For example, attorneys are more likely to charge flat […]
The Unabated Deluge of Chinese Trademark Applications
December 12, 2022
Trademark
In March 2019, we wrote with some concern, that as early as 2017 Chinese companies had filed more than 12 times the number of trademark applications with the USPTO than in previous years. At that time the director of the USPTO stated that “forecasts indicate that annual increases are expected to average 10% during the next 8 […]
Dog Poo Redux
December 8, 2022
Trademark
VIP Products, LLC markets a line of cute, humorous squeaky dog toys, consisting of vinyl replicas of liquor, beer, wine, and soda brands labeled with humorous names, usually related to dog poop. So, we have toys labeled “Smella R-Crotches”, Heini Sniff’n, Pissness, and Mountain Drool, associated with likenesses of Stella Artois beer, Heineken’s, Guinness, and Mountain […]