the Trademark Resource for Start-Ups, Business Owners, Marketing Professionals, In-House Counsel, and Attorneys

January 2017

Woman smelling rose, swordsman behind her, text saying 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 you're able to detach yourself from the emotions and desired outcomes that inherently inhabit conflict, you can find the flow of legal aggression and ride the wave to effective advocacy.

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Picture of Mailboxes along Route 66 with text reading "The Trademark Cease and Desist Letter - 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. The same goes for using an attorney who does not specialize in trademark law to send the cease and desist letter. This post is here to help. Use it as a resource to check off items that you should consider when sending a trademark cease and desist letter.

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Photo of Yosemite | Feature Image for Blog Post Discussing California's Heritage Protection Act and Prohibition on Obtaining Trademarks Associated with California State Parks

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 outlaws, is the direct result of what happens when a trademark dispute is exposed to the bright lights of the media and massive public outrage ensues. continue reading→

Photo of dog and elephant sitting on the beach to illustrate the requirement of proportionality in trademark discovery

About a year ago—on December 1, 2015 to be exact, the 2015 amendments to the Federal Rules of Civil Procedure ("FRCP") took effect. One of the amendments that received a disproportionate amount of attention was the revision to the scope of discovery language of FRCP 26(b)(1) to emphasize that the scope must be proportional to the needs of the case. continue reading→

Image of Trademark Attorney with map of the world behind him

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 the rules to be aware of and how they can come into play for trademark attorneys. continue reading→