The Path to Registering Certain Types of Cannabis Trademarks is Now a Little Less Hazy
Unlike patents and copyrights, obtaining a federally registered trademark requires (among other things) that applicants abide by the “lawful” use in commerce requirement. In other words, the United States Patent and Trademark Office ("USPTO") will refuse to register trademarks used in connection with goods or services that are illegal under federal law. This requirement has been a longstanding problem … Read More
New Rule Requires Foreign Companies and Persons to Be Represented by a U.S. Licensed Attorney in All Trademark Matters
The United States Patent and Trademark Office USPTO recently announced a significant rule change. Effective August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings must be represented by an attorney who is licensed to practice law in the United States.
Why the Rule Change?
This new rule came about because the USPTO says it “ … Read More
Protect Your Copyrighted Works and Avoid Liability for your Website
On April 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. The Erickson decision teaches several important lessons. First, it reminds copyright owners of the importance of registering their works with the U.S. Copyright Office, especially following the U.S. Supreme Court’s recent decision in Fourth Estate Public Benefit Corp. … Read More
Proper Use of Photographs on Amazon
Great photographs of your product are essential to a successful Amazon listing. Following certain basic rules is critical to keeping your listing from being shut down. In addition to satisfying the minimum requirements so Amazon permits your listing, there are legal requirements that can sneak up on you if you are not informed.
The technical requirements for photographs are easy to find on Amazon. The format must … Read More
Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits
The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright owners merely need apply for copyright registration before filing suit and others that required actual registration to issue.
In Fourth Estate Public Benefit Corp. v. Wall- … Read More
Ninth Circuit Ruling Reminds Copyright Owners That Failing to Allege Enough Facts Could Cost Them!
In recent years, federal courts across the U.S. have seen a fair share of copyright infringement lawsuits involving peer-to-peer networks such as BitTorrent. In these cases, the plaintiffs are typically feature film or adult film copyright owners who allege that numerous unknown defendants (sued as John or Jane Does) are liable for copyright infringement by downloading and sharing the copyright owner’s film … Read More
2 Jaburg Wilk Partners named to 2019 Best Lawyers® Lawyer of the Year
PHOENIX, Ariz. (08/15/2018) – Jaburg Wilk is pleased to announce that Lauren L. Garner was recently recognized by Best Lawyers as the 2019 "Lawyer of the Year" for Litigation - Trusts and Estates and Maria Crimi Speth was recognized as the 2019 "Lawyer of the Year" for Technology Law in the Phoenix area.
Only a single lawyer in each practice area and designated … Read More
15 Jaburg Wilk Attorneys Named to 2019 Best Lawyers® List
PHOENIX, Ariz. (08/15/2018) – Jaburg Wilk is pleased to announce that 15 lawyers have been included in the 2019 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
"Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary … Read More
The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin
On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some infringers because the cost of attorney fees can quickly exceed the amount of the damages caused by the infringement. Glacier Films recently won a case that will … Read More
Born in the USA: When Can Products Be Marketed as “Made in the USA”?
Marketing a product as “Made in the USA” or “Made in America” can provide a competitive advantage to companies using the designation. Some view the designation as signifying a safer or higher-quality product. Many consider the act of purchasing such products patriotic—supporting jobs and industry at home rather than overseas. Because of these potential competitive benefits, there are … Read More