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

Trademark Enforcement

This post lives on the other side of the coin from my prior blog post entitled “On Trademark Cease and Desist Letters: Strategies & Considerations.” Responding to a trademark cease and desist letter is an art form. The nature of, and strategy behind, the response will vary depending on the facts and circumstances. Here are some guideposts to help you get it right. continue reading→

California cannabis trademarks in 2018?

On November 8, 2016, California voters approved Proposition 64, the Adult Use of Marijuana Act ("AUMA"). And on December 12, 2016, Assembly Bill No. 64 ("AB 64") was introduced in the California Legislature. Although the AB 64 is still in its early stages and has a ways to go before being passed by the California Legislature and approved by the Governor, it has some important consequences for recreational and medical marijuana businesses who want to protect their trademarks. continue reading→

Trademark Attorney's Checklist

This post is definitely basic. Some of these posts on Trademark Well are gonna be basic posts intended for laypersons with no trademark knowledge or experience. Attention trademark lawyers—you can probably skip this post.

But this is a good post for trademark owners trying to do the trademark thing on their own. This basic post sets out a checklist that you can follow when choosing a new trademark. The checklist is obscenely obvious. Therefore, it is a basic checklist. continue reading→

Picture of a venue with text that reads Venue: picking a judicial district. Trademark Well.

When filing a complaint for trademark infringement, the plaintiff should make sure that the court has jurisdiction to hear the case and the court is a proper venue for the lawsuit. More specifically, jurisdiction refers to a court's legal authority to hear a case (i.e., the power to adjudicate the action) whereas venue refers to where jurisdiction should or may be exercised (i.e., the location where the lawsuit should take place). continue reading→

Personal Liability for Trademark Infrinement

Sometimes you're the windshield. Sometimes you're the bug.
-Mark Knopfler, Dire Straits

Great quote and apropos ahead of this week's road trip down to Southern California. There are, of course, several mutations of that quote. Sometimes you're the hammer. Sometimes you're the nail. Sometimes you're the dog. Sometimes you're the hydrant. Sometimes you're the pigeon. Sometimes you're the statue. (Side note: still so hard to write or say statue instead of statute.) You get the idea, but I'll add one more to the mix. Sometimes you're the trademark bully. Sometimes you're the bullied. continue reading→