Trademark

12Oct 2023

Are Watermelons Functional?

October 12, 2023 Trademark
trade dress

McDonald’s golden arches, red and blue Chevron gas stations, and Dunkin’ Donuts pink and orange signs are familiar to most consumers. In legal parlance, these distinctive concepts are referred to as “trade dress.” Like trademarks, trade dress can be registered on the principal registry of the United States Patent and Trademark Office (“USPTO”). As we […]

09Oct 2023

PSILOCYBIN Gets a Trademark Registration But is it a Trademark?

October 9, 2023 Trademark
TM is for Trademarks

An overlooked aspect of the marijuana legalization movement is its effect upon research and use of psychedelic substances such as psilocybin and LSD. Both substances are now subject of legitimate therapeutic research with renewed interest in potential legalization. Who would have guessed? Now comes along an enterprising entrepreneur and files a trademark application for the term PSILOCYBIN, which is […]

02Oct 2023

“Reverse Confusion”: Don’t Be Confused

October 2, 2023 Trademark
Noun Confusion

Whether you are a regular reader of our newsletter or not, you should be familiar with the concept of  “trademark infringement.” That’s when a business uses a trademark that is the same as or similar to that of another business, which causes confusion among consumers over the source of the goods or services. Typically, this involves […]

18Sep 2023

Blowing Your Mind and Your Trademark!

September 18, 2023 Trademark
trademark psychedelic goods

Last month we wrote about a recent registration of the term PSILOCYBIN for educational materials related to psychoactive plants. The point of our article was that applying for generic terms as trademarks is not the most effective strategy for developing a distinctive brand. Now, sadly, a flurry of coronavirus-related trademark applications raises similar concerns. In a […]

11Sep 2023

It’s Not the 1960’s Anymore – ZKITTLEZ

September 11, 2023 Trademark
Cannabis Candy

Terphogz simply helped itself to Wrigley’s famous SKITTLES Marks, picking “ZKITTLEZ” as the name of its drugs, knocking off Wrigley’s federally registered TASTE THE RAINBOW slogan, and even copying Wrigley’s S logo. Terphogz appears to be a legitimate California company. Why would it believe that it could avoid a lawsuit by marketing a knockoff of […]

04Sep 2023

Counterfeiters On Your Property? Don’t Turn a Blind Eye

September 4, 2023 Trademark

Ever been approached by an enterprising salesperson with a coat full of fake Rolex watches?  It’s a risky business. The FBI, federal marshals, customs officials and brand owners may be involved in enforcing trademark and anti-counterfeiting laws. Did you know that not only sellers but their landlords may be liable? Under a theory of contributory […]

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