Legal News
United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit
United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit Registration Requirement and Retroactive Protection Earlier this month, the Supreme Court of the United States held that once a registration of the copyright occurs, a copyright owner can recover for infringement. This is affirming Section 411(a) under the Copyright Act of 1976 (“Copyright Act”), which states a copyright registration is required before the copyright owner may file a lawsuit against any infringer(s). The case, Fourth Estate Public Benefit Corp. v. Wall-Street, further established that a “copyright owner can recover for infringement that occurred both before and after registration.” Thus, while individuals will no longer be able to immediately file a lawsuit upon filing a copyright application, they will still be able to enforce all rights that were violated before the registration was obtained. Preregistration in Limited Circumstances There are, however, limited circumstances in which an individual may sue [...]
Is Your Website ADA-Compliant?
Many of us see the Internet as a tool for making life easier, allowing us to perform necessary life functions from wherever we have Internet access. We can apply for jobs online, manage our bank accounts online, order groceries online, and even decide what we want to eat before we get to a restaurant by looking at their menu online. As more and more businesses advertise and offer goods and services online, their websites have gained almost the same level of importance as their brick-and-mortar stores, and the ability to access business websites unencumbered has become integral to being able to navigate the world as independently as possible. Recently there have been a slew of lawsuits filed under Title III of the Americans with Disabilities Act (“ADA”), targeting companies with websites that are allegedly inaccessible to the disabled, such as the visually impaired and the deaf. These types of [...]
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 [...]