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


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→

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→

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→

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→

TMW Book Review | The Brand Gap

Brand Gap - Book

This is the first of many book reviews to come here at Trademark Well. Yes, we all have our continuing education requirements and we keep up on the latest legal developments in the field of trademark law. But expanding beyond that bare minimum into a wide array of titles that can improve your practice and ability to serve clients is an essential step towards the next level. Today, we take a brief look The Brand Gap. It's a short, quick read. You can get through the book in about two hours. continue reading→