Legal News
Filing a California Cannabis Trademark Application: Do’s and Don’ts
Filing a California Cannabis Trademark Application: Do’s and Don’ts On January 1, 2018, the State of California began allowing registration of cannabis and cannabis-related trademarks. However, registrations are limited to products and/or services that meet federal classifications. To guide you with the registration overview, look at the breakdown below of the do’s and don’ts for filing a successful California cannabis-related trademark application: DO’s: Do confirm that your company has the appropriate state license. Do make sure that your mark is lawfully in use in commerce within California Do review your list of goods and/or services and confirm they fit into one of the existing classifications offered by the United States Patent and Trademark Office (“USPTO”).* DON’TS Don’t file a trademark application for cannabis or cannabis related products if you are not already using the mark in commerce within California. Your application will be denied. Don’t file until you are [...]
Is Your Independent Contractor Really an Employee?
There have been disruptions in California barbershops, salons, tattoo shops, yoga studios, dance studios, and the like, after the recent California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, reclassified who can work as an independent contractor. The court imposed a new test, known as the ABC test, which determines whether an individual is an independent contractor, and includes the following: whether the worker is free of the control and direction of the hiring entity in the performance of the work (under contract and in fact), whether the worker performs work that is outside the usual course of the hiring entity’s business, and whether the worker customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. Free of control and direction of employer: If an employer requires and individual to perform certain [...]
Filing Cannabis Trademarks: How The Farm Bill May Affect You
The President signed the “Farm Bill” into law on December 20, 2018. The law provides important agricultural policies, including a change that involves the cannabis plant. Below is a breakdown of the law and how it may affect companies that produce, process, or sell cannabis or cannabis-related products. Hemp (Cannabis Sativa L) production, processing, and sale will be legalized with restrictions: The hemp cannot contain more than 0.3 percent THC (delta–9 tetrahydrocannabinol). Cultivators are required to obtain a license. Hemp farmers will be recognized as a farmer under the Federal Crop Insurance Act. Cannabidiol (CBD) will only be legal under specific circumstances: The Farm Bill ensures that any cannabinoid that is derived from hemp will be legal, if and only if a licensed grower produces that hemp in a manner consistent with the Farm Bill, federal and state regulations. All other cannabinoids produced in any other manner will [...]
Can I Register a Service Mark for My Cannabis Business?
On behalf of The Myers Law Group posted in Trademarks on Tuesday, May 8, 2018. Cannabis business owners in California can now register their trademarks and protect their intellectual property rights. This is a welcome sign for those who provide cannabis-related goods or services in the state. With the passage of the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) -- cannabis products became legal in California commerce. As a result, recreational use cannabis businesses have been growing like weeds (no pun intended) since January 1. Obtaining intellectual property protections Although the U.S. Patent and Trademark Office (USPTO) does not accept service mark applications for cannabis products, individual states may do so. Once California got the green light, business owners began submitting trademarks applications. You have worked hard to create your business brand. If you have a cannabis-related business, you will want the protection that the California Secretary of State provides. Protect your [...]
Trademark Infringement Claims Involving a Non-US Company
On behalf of The Myers Law Group posted in Trademarks on Tuesday, May 5, 2015. Sometimes potential trademark claims aren't always what they seem. The grocery chain Trader Joe's is appealing after losing a lawsuit to enforce its trademark against a Canadian individual who operates a store called "Pirate Joe's." For the past three years, Michael Hallatt has operated a grocery store that sells thousands of dollars of Trader Joe's goods in Vancouver. Mr. Hallatt opened his store in 2012, and Trader Joe's immediately contacted him to stop his operation. When he refused, Trader Joe's sued in federal court in the state of Washington. In the 2013 lawsuit, Trader Joe's claimed that the Canadian store was infringing on its trademarks and harming its business. Trader Joe's alleged that Pirate Joe's was arranged too similarly to an actual Trader Joe's store and that the store's display of products created consumer confusion. Trader Joe's argued [...]
Is Your Barbershop Conversation Protected by Copyright?
On behalf of The Myers Law Group posted in Intellectual Property on Thursday, April 19, 2018. Can you seek intellectual property protection if you film people talking in a barbershop? It is a hot topic in sports-talk circles right now. The answer has surprising lessons for anyone interested in IP law. Dueling barbershop talk videos Basketball superstar LeBron James sent a cease and desist letter to Nick Saban, the head football coach of the Alabama Crimson Tide. In the letter, James accuses Saban of stealing his video concept in violation of his intellectual property rights. James has a web series called "The Shop" in which sports and pop culture celebs talk while getting haircuts. Saban recently released a video trailer for "Shop Talk" where he and several players talked about various topics in a barbershop. What ideas can be protected? In his letter, James claims that his videos are protected by copyright, trademark and [...]
Don’t Believe Everything You Hear About Yeezy’s International War
On behalf of The Myers Law Group posted in Trademarks on Wednesday, April 11, 2018. Did you hear about the international battle between Kanye West and a Chinese company? Celebrity news websites TMZ and PEOPLE reported that the famous musician turned fashion designer was strapping on his "fightin' shoes" in order to go toe-to-toe with Fujian Baby Network Technology Co., a clothing company in China. West, who sells shoes and clothing under the name "Yeezy," was reported to have dropped the ball by failing to keep his trademark paperwork up-to-date. The news publications stated that the heated battle began when Fujian Baby swept in and nabbed the name "Yeezy Boost" for its new line of clothing. All things Yeezy are not what they seem Fortunately, the reports of the Yeezy demise are greatly exaggerated. The Fashion Law labeled the misinformation as FashionFakeNews, and explained what really happened: Kanye West holds a number of registered [...]
Issues Faced by the Food Industry
On behalf of The Myers Law Group posted in Trademarks on Thursday, April 2, 2015. Protecting intellectual property is very important in the food industry. Recently, Ina Garten, otherwise known as the Food Network cooking show host, the "Barefoot Contessa," sued a California company called OFI Imports, Inc. for selling unauthorized "look-alike" frozen dinners. Although Garten asked OFI to stop selling the dinners, which were manufactured by "Contessa Premium Foods," the company refused and eventually went out of business. Garten's lawsuit seeks to stop further sales and award damages. The food industry has provided a number of interesting examples of intellectual property disputes. For instance, the snack food manufacturer Kind, which sells nut-based bars in transparent wrapping, is suing Clif, the company that makes the Mojo bar. The Mojo bar is also sold with transparent wrapping. Kind has argued that the packaging style, which allows consumers to see the nuts and seeds in [...]
Are your musical works protected like Taylor Swift’s?
On behalf of The Myers Law Group posted in Copyright on Wednesday, March 7, 2018. Pop star Taylor Swift recently prevailed in a lawsuit regarding one of her popular songs. Four co-songwriters claimed that she copied a phrase from their 2001 song written for another band and used it in her 2014 hit song "Shake If Off." The lyrics regarding the notions that players play and haters hate was used in both songs. Fortunately for Swift, the judge decided that the "two truisms" were not creative and original enough for copyright protection, and he dismissed the case. While the songwriters have the right to change the wording of their complaint against Swift, the judge discouraged them from doing so in his ruling. What makes music copyrightable? Once you create a tangible form of your musical creation -- by writing it down or recording it -- it is automatically provided copyright protection. However, it [...]
Trade dress protection for Valentine’s Day offerings
On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, February 13, 2018. It's that time of year again when stores are awash in red and pink hearts. Valentine's Day is here and with it comes holiday spending. About 54% of American's will be participating in Valentine's Day celebrations and gift exchanges. Estimated at around $18.2 billion or roughly $137 per person, Valentine's Day spending is dwarfed only by Christmas and Halloween. A small portion of that figure will be spent on candy and chocolates. Candy sales account for $1.7 billion of Valentine's Day sales. Given the amount of money at play, it is no surprise that candy makers want to protect their creations. The sweeter side of IP Sweet treats and heart shaped edibles and packaging are cropping up on store shelves, but most people do not associate Valentine's Day with intellectual property. However, the confectionery industry has long been [...]