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
Will Lifting Enforcement Against Medical Marijuana Trickle Down to IP?
Congress has effectively codified the administration's hands-off policy towards legal state medical marijuana operators. Very curious to see whether this will open doors for wider protection of intellectual property. Read more here: http://www.latimes.com/nation/la-na-medical-pot-20141216-story.html
DRONE WARS!!! The Struggle to Regulate America's Crowding Skies
Do you enjoy flying robots as much as I do?! If so, check out my latest contribution to San Francisco Attorney Magazine detailing the battle over regulations for the use of drones in U.S. airspace: http://www.sfbar.org/forms/sfam/q42015/drone-wars.pdf. What does the future hold for this rapidly-growing industry?
An Act for the Encouragement of Learning - Copyright Law Then and Now
My latest contribution to San Francisco Attorney Magazine detailing the evolution of American copyright law: http://www.sfbar.org/forms/sfam/q32015/copyright-law-now-and-then.pdf . The piece concludes with a nice lead in to this week's Lenz v. Universal Music ruling (AKA: the Prince / Dancing Baby Case). More on that here: http://www.lexology.com/library/detail.aspx?g=f2d102db-c028-4ea4-80e4-9b106d29f501
The California Drought: Coping with "The New Normal"
My latest contribution to San Francisco Attorney Magazine, headlining their feature on California's drought and the controversy over water rights: http://www.sfbar.org/forms/sfam/q22015/coping-new-normal.pdf
9th Circuit Reversal Holds the Line on Copyright and the First Amendment
While it may have been for all the wrong reasons - defending Youtube's right to continue posting the inflammatory anti-Islamic Innocence of Muslims - the 9th Circuit Court of Appeals made the right call in reversing an earlier decision finding that an injunction filed by actress Cindy Garcia was valid because her performance in the film (she appears for 5 seconds) was independently copyrightable. Ms. Garcia's position was not enviable. She claims her original lines were dubbed over with hateful speech, and that she had no knowledge of the film's intended message during shooting. Upon release in 2012, she and other cast members began receiving death threats. Still, upholding her injunction would have shaken the foundation of the entertainment industry, where the age-old norm holds that copyright ownership remains with the filmmaker, and is not divided amongst the actors and other creative contributors. The new precedent set by the injunction would fly directly in the face of the Copyright Act's "work-for-hire" provisions, which is essentially what the court found in its rehearing. A related dissent from one 9th Circuit Judge also highlights the troubling free speech implications of barring access to a film for over a year solely due to its content. Read more here: http://www.wired.com/2015/05/court-ruling-stark-reminder-image-isnt/
Sloppy Trademark Applications: Even Katy Perry's Guilty!
It's rare to find too much comedy in the technicalities of the trademark application process, but leave it to The Onion A.V. Club to highlight the misadventures of an unassuming USPTO examiner and his run-in with America's favorite pop sensation...and her lawyers...up your game, fellas.
The Reality of Music Licensing: Cover Bands Beware!
An often controversial topic for music fans. Providing that BMI speaks the truth about prolonged outreach to infringing venues, I think you have to take the perspective that many musicians are essentially small businesses too, and that orgs like BMI help them make ends meet. See more here: http://kstp.com/article/stories/s3772041.shtml?utm_source=Linkedin_Domain_negotiation_article&utm_medium=Linkedin_Domain_negotiation_article&utm_campaign=Linkedin_Domain_negotiation_article
