U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the...more
On April 23, 2020, the United States Supreme Court announced its decision in Romag Fasteners, Inc. v. Fossil Group, Inc., FKA Fossil, Inc., et al., holding that under the Lanham Act, a plaintiff can win a profits remedy...more
With the legalization of industrial hemp, many are eager to jump into the booming market for cannabidiol (CBD) and hemp-infused products. However, for manufacturers and retailers of ingestible CBD products in particular, it...more
A California federal judge recently reminded cannabis trademark owners that the manufacture and sale of cannabis products remain illegal under federal law, so they cannot challenge federal trademark registrations based on...more
The Trademark Trial and Appeal Board (“TTAB”) reiterated once again that you cannot register marijuana marks at the federal level. The TTAB announced its decision on July 16, 2019, rejecting Canopy Growth Corporation’s, a...more
Supreme Court Again Strikes Down Trademark Restrictions-
Yesterday the United States Supreme Court announced its decision in Iancu v. Brunetti, holding that prohibiting trademarks that consist of or comprise immoral or...more
6/26/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Reaffirmation ,
Reversal ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO ,
Viewpoint Discrimination
Trademark practitioners, hemp producers, and hemp-derived product manufacturers have long struggled with the clash of federal and state law regarding protection of trademarks with the United States Patent and Trademark Office...more
5/7/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Corporate Counsel ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Popular ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
USPTO
Let’s say that your next idea—which could be the next big idea—involves a web-based collection, compilation, or some presentation of a sliver of “big data” so pioneering, maybe even disruptive, that customers and investors...more
On March 17, the New York Times covered a new item on the growing list of high-profile data breaches with its article detailing how a British political consulting firm, Cambridge Analytica, obtained personal information from...more