In a new Law360 article, Seyfarth partners Puya Partow-Navid and Brian Michaelis examine the early actions of newly appointed USPTO Director John A. Squires and their potential impact on patent eligibility, PTAB proceedings, and patent prosecution.
The piece explores Director Squires’ initial policy moves, including his decision to personally oversee AIA trial institution decisions and
The phrase “Boston Strong” became a rallying cry for the strength and support Bostonians displayed after an act of terrorism.
In 2013, two brothers planted bombs near the finish line of the Boston Marathon in Copley Square. Three people were killed, and hundreds were injured. Residents of Boston and surrounding neighborhoods were told to stay
You’ve heard the name Labubu and have likely seen the wildly popular collectible plush toy. The craze around these dolls is reminiscent of times past when we (or perhaps a family member) all wanted Beanie Babies, Cabbage Patch Kids, or Troll dolls. This spike in popularity has brought about counterfeit LABUBU toys dubbed “Lafufus.” These
Co-Author: Samiksha Johri LLM, Associate at Graves Law Group, LLC
With countless parties offering streaming based services, the boundaries between legal and illegal content distribution have become increasingly blurred. One case that brought this issue into focus is United States v. Dallmann et al. 2:22-cr-00030 (D. Nev.), better known as the “Jetflicks” case. This case
Originally sourced from Seyfarth’s The Blunt Truth Blog.
Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers. With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live music events, businesses are gearing up to create unique and engaging experiences.
As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal Board (the “Board”) decision underscores a significant hurdle for cannabis
This post has been cross-posted from Seyfarth’s The Blunt Truth blog.
In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc. v. Greenerside Holdings, LLC, Opp. No. 91285160 (TTAB
This blog has been cross-posted from Seyfarth’s The Blunt Truth site.
Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and services may provide an opportunity for cannabis companies to protect the substantial investments
This article was originally published to Seyfarth’s The Blunt Truth blog.
Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”). Republic amended its goods twice during prosecution of the application and ultimately sought to register “tobacco; cigarette papers; cigarette filters; cigarette tubes; cigarette rolling machines; handheld machines for injecting tobacco into cigarette tubes; machines allowing smokers to make cigarettes by themselves; none of the foregoing containing or for use with cannabis” (emphasis added). The USPTO alleged that consumers would understand 4:20 to mean cannabis, the mark misdescribes non-cannabis related goods, and consumers would believe the misrepresentation. Therefore, the USPTO refused registration alleging that the mark was deceptively misdescriptive of the goods in the application. Republic appealed the decision to the Trademark Trial and Appeal Board (the “Board”). But the Board saw through the smoke of Republic’s arguments and affirmed the refusal.
Republic is a leading provider of smoking accessories. Republic initially filed its application for the mark 4:20 for use in association with the goods “tobacco; cigarette papers; cigarette filters; cigarette tubes; cigarette rolling machines; handheld machines for injecting tobacco into cigarette tubes; machines allowing smokers to make cigarettes by themselves.” Perhaps familiar with the many uses of Republic’s goods, the USPTO refused the application on mere descriptiveness grounds. It alleged that consumers understand 4:20 to mean cannabis and the goods describe a product containing or to be used with cannabis. The USPTO also asked Republic to provide additional information about its goods. In particular, whether the goods contain or would be used in connection with cannabis or marijuana. Continue Reading 4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis
Originally posted on The Blunt Truth blog
A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state. Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL 341460, 2023 TX App Lexis 7448. The decision allows cannabis