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Did We Accidentally Create a Franchise?

Venturing into the world of licensing may allow business owners to dip their toes into brand expansion without plunging into the complexities and legal requirements of franchising.   License agreements appeal to fast-moving...more

I’m an Intellectual Property Attorney 'In a Barbie World.'

As a child of the 90s, I cannot wait to experience the cultural phenomenon, the Barbie film. I frequently practice law at the intersection of art and commerce, and while I cannot possibly write an article that captures...more

Trademark Infringement is No Joke!: Jack Daniel’s Properties, Inc. v. VIP Products LLC

Today the U.S. Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels."  The Court remanded the case to the Ninth Circuit to reconsider the trademark infringement...more

The Trademark Modernization Act

Background on Trademark Rights - While it is not required to establish trademark rights in the U.S., there are many benefits to applying to register trademarks with the U.S. Patent and Trademark Office ("USPTO").  For...more

Brexit, Schmexit: How Resilient is Your Trademark Portfolio and Enforcement Strategy?

On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU). From February 1, 2020, to December 31, 2020, the UK and EU are in a "Transition Period," where there will be no change to the process of...more

U.S. Patent and Trademark Office Extensions Under the CARES Act

On Tuesday, March 31, 2020, the U.S. Patent and Trademark Office ("USPTO") notified the public that it may extend certain deadlines and delay payment of fees. On March 16, 2020, the USPTO notified the public that it would...more

USDA Accepting Plant Variety Protection Applications for Hemp

Last week, the U.S. Department of Agriculture ("USDA") announced that it will accept plant variety protection applications from breeders of seed-propagated hemp. This is a major step forward for the industry and will allow...more

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka,...more

Tranquil Beaches and Simple Trademarks … and the Dangers Swirling Below

Trademark clearance and registration—sounds like an additional legal expense, right? Unfortunately, this potential cost is the reason many individuals and businesses forgo the trademark clearance and registration process...more

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