The following headline immediately evokes a favorite quote from The Big Lebowski: http://www.sfgate.com/entertainment/the-wrap/article/The-Eagles-Sue-Hotel-California-in-Trademark-11115786.php Yes, the Eagles are suing the actual Hotel California (located in Baja) for trademark infringement. To those of you familiar enough with trademark law to currently be thinking, 'Wait, I thought you couldn't trademark singular song or album titles,' you're intuition is spot on. So what kind of case do Don Henley & Co. have against this establishment, particularly given that the Eagles are not well known for their actual, physical hotel services? Good question. Hotel California Baja has several senior trademark registrations/applications on the Principal Register, while the Eagles management company only filed their first application for "Hotel California" this past January, in conjunction with a list of knick-knacky gift shop fare. Will this turn out to be a battle over merch? Or should the parties settle and Take It Easy?
Upcoming Workshop: Protecting IP Rights in a Work-Made-for-Hire Economy
Come checkout an encore presentation of my Work-For-Hire Workshop, hosted by California Lawyers for the Arts in Berkeley on May 10 at 7:00pm.
Registration available here: https://www.showclix.com/event/cla-berkeley-work-made-for-hire-5-10-17
When Lawyers Need Lawyers
Check out my latest article published in San Francisco Attorney Magazine dealing with the practice of professional liability: http://www.sfbar.org/forms/sfam/q12017/q1-when-the-going-gets-tough.pdf
Remember to Think Before You Canna-Brand
See the latest fallout from choosing a cannabis brand that too-closely matches an existing non-canna trademark: http://mjbizdaily.com/under-legal-pressure-seattle-mj-retailer-changes-name/
While we can't say that the replacement brand was much of an improvement ('pot shop' is descriptive and therefore difficult to protect), at least they are straying from the well-worn industry brand tropes (stash, green, canna, kind, etc.). In this case, re-branding was the responsible choice, and should serve this company better in the long run. A reminder not to get too attached to your weak trademarks.
Music for Aliens: Publishing on a Cosmic Level
Checkout the NY Times writeup on a very cool project from one of my very cool clients! And order a copy of the album via Kickstarter if you're interested...apparently they wouldn't even give one to Carl Sagan, so better get 'em while they're hot!
Navigating Another Dimension: What to Expect from the 3D Printing Revolution
Take a look at my latest contribution to San Francisco Attorney Magazine! The recent surge in 3D printing technology, or additive manufacturing (AM), and its application across myriad industries poses a challenge to standards for intellectual property protection that could have long-lasting ripple effects if not addressed properly.
Protecting Your Client's Canna Brand
Check out my guest blog spot discussing Canna Trademarks at CEB's new MJ Law Hub page, and stay tuned for more MJ legal news and knowhow at http://mjlawhub.ceb.com/
Cannabis: An American Industry Grows from Black Market to Bull Market
My latest from the pages of San Francisco Attorney Magazine: http://www.sfbar.org/forms/sfam/q22016/cannabis.pdf . A general overview of the American cannabis industry from inception, through prohibition and on to today's legalization efforts. Our country's history with this unique plant is turbulent but also, apparently, circular.
Cannabis Companies Stand to Gain from a Look at the Branding of Brews
The cannabis industry has always had an historical mentor in the alcoholic beverages biz...This post from Huffington Business highlights lessons to take from the success of microbrew branding over the past couple decades: http://www.huffingtonpost.com/eleah-lubatkin/for-ganjapreneurs-lessons_b_9760810.html?utm_hp_ref=marijuana . While many cannabis companies have quickly learned that sophistication in branding equals success, it is just as important to carve out a recognizable foothold for these proprietary brands, protecting their value within an increasingly-crowded niche market.
America the Beautiful®
The battle over trademark rights to some of America's grandest landmarks smacks of some dystopian future 'Corpocracy'. It also exposes a troubling lack of foresight on the part of the federal government and the National Parks Service. Several facets of trademark law are at play in this dispute, and the ultimate outcome (barring settlement) has potential to set new precedent. Read more here: http://www.outsideonline.com/2048041/who-owns-yosemite
