Archive for January 2017

The Zen of Legal Aggression

“Only when you can be extremely pliable and soft can you be extremely hard and strong.” – Zen Proverb Zen is a practice that needs to be experienced, which makes it hard to define. But you can zenify just about everything and anything. As an attorney, one thing I love to zenify is legal aggression. Once…

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On Trademark Cease and Desist Letters: Strategies & Considerations

Trademark cease and desist letters are a crucial part of a trademark attorney’s arsenal. Granted, they seem simple and straightforward. However, when you dig beneath the surface, they are deceivingly complex. When a trademark owner undertakes the task of sending a demand letter without counsel, many important strategic and substantive legal issues are not vetted.…

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Yosemite Trademark Spat Leads to Enactment of California Heritage Protection Act

On January 1, 2017, the California Heritage Protection Act (“CHPA”) went into effect. Boiled down to its essence, the CHPA prohibits concessionaires at California’s state parks from claiming trademark rights in names associated with a California state park venue or its historical, cultural, or recreational resources. The CHPA, and the very specific fact scenario it…

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Evaluating the Unauthorized Practice of Law When Running a Nationwide / Multijurisdictional Trademark Practice

In today’s world, most trademark attorneys’ practice is nationwide. They have clients located in other states. They have to litigate in other states. When a trademark attorney has a multijurisdictional practice, it can create problems when it comes to the rules prohibiting the unauthorized practice of law. In this blog post, I’ll identify some of…

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