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In 2019, KFC dropped the unexpected into a frier and forever changed the quick-serve restaurant (QSR) industry. They teamed up with Beyond Meat, a leading plant-based meat company, to create a vegan chicken offering, which...more
The Drug Enforcement Administration (DEA) will call for cannabis to be rescheduled according to a report by the Associated Press. The anticipated rescheduling follows the Department of Health & Human Services’ (HHS) August...more
Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and...more
A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state. Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL...more
October seems to be the inescapable Taylor Swift’s unofficial month of choice – 17 years after she released her self-titled first album in October 2006, the October 2023 news cycle is buzzing about her “Taylor Swift: The Eras...more
The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more
On May 26, 2023, the US Patent and Trademark Office (USPTO) published a Federal Register notice seeking public comments on anti-counterfeiting and antipiracy strategies to better address this enormous US challenge....more
A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more
It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more
When it comes to patents, toys typically are not top of mind like a mobile device or pharmaceutical product might be. Although a toy may appear simple, the product itself can be iconic and lucrative. But, as in most...more
In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) affirmed the refusal to register the trademark GOD BLESS THE USA for home decor items on the ground...more
While the country wrestles with the coronavirus pandemic, the federal government and many state governments recently made key determinations that could shape the future of the cannabis, hemp, and CBD industries for years to...more
As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. The United States Patent and Trademark Office has maintained its refusal to...more
On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter...more
The Final Rule promulgated by the USPTO in July is now in effect; amending the requirements for acceptable specimens of use. On October 5, 2019, the USPTO’s Final Rule published this July (available under Addtional...more
In a recent decision on remand from the Federal Circuit, the Trademark Trial and Appeal Board (“Board”) rejected Petitioner adidas AG’s (“adidas”) claim that Respondent Christian Faith Fellowship Church (“CFFC”) abandoned its...more
The Federal Circuit recently sustained the Trademark Trial and Appeal Board’s (“TTAB” or the “Board”) refusal to register Louis Vuitton Malletier’s (“LVM”) trademark APOGÉE for perfumes, a decision that will concern...more
Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more
Amazon continues its claims to further innovation in the on-demand delivery space. Its latest patent attempts to give a “lift” to that quest. The USPTO very recently awarded Amazon a patent for giant warehouse blimps that...more
In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more
The Southern District of New York recently booted shoe manufacturer LVL XIII Brands, Inc.’s trade dress infringement suit against Louis Vuitton Malletier S.A. in LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.. At issue...more
The craft-beer industry is running low on names. There are more than 4,600 craft breweries in the U.S. – California leading the nation with over 500, according to the Brewer’s Association....more