The new fee structure is presented as a neutral pricing adjustment to replace the current TEAS Plus and TEAS Standard application filing options with a single base application option that changes based on the "complexity and...more
This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners....more
As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more
Venturing into the world of licensing may allow business owners to dip their toes into brand expansion without plunging into the complexities and legal requirements of franchising. License agreements appeal to fast-moving...more
As a child of the 90s, I cannot wait to experience the cultural phenomenon, the Barbie film.
I frequently practice law at the intersection of art and commerce, and while I cannot possibly write an article that captures...more
Today the U.S. Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels."
The Court remanded the case to the Ninth Circuit to reconsider the trademark infringement...more
The first article in this series explained the requirements under the FTC's current Endorsement Guides that athletes must have "clear and conspicuous" disclosures to endorse a product or promote a business.
But what...more
Our colleague Clint Cogburn recently wrote an article discussing the guidance provided by the NCAA's Interim NIL Policy, released in May 2022.
But the NCAA and individual states are not the only players establishing...more
First, what is an Assumed Business Name?
An assumed business name, often referred to as a "fictitious name," "DBA," or "doing business as" name, is a name that a business uses other than its legal name. DBAs differ by...more
Background on Trademark Rights -
While it is not required to establish trademark rights in the U.S., there are many benefits to applying to register trademarks with the U.S. Patent and Trademark Office ("USPTO"). For...more
Ward and Smith's Hemp and Cannabis Law attorneys recently attended the fifth annual Industrial Hemp Summit. After another year of adjustments and uncertainty caused by COVID-19 and other global factors, it was refreshing to...more
Hemp product producers and sellers must consider a large number of legal and regulatory compliance risks each day.
Are their inputs and plant material coming from legally compliant sources? Are their products,...more
10/18/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hemp ,
Hemp Cultivation ,
Interim Final Rules (IFR) ,
Regulatory Agenda
A recent statistic posted by Sweor states that 75% of consumers admit to making judgments on a company’s credibility based on the company’s website design.
During COVID, many companies were forced to digitize their entire...more
Several members of our Hemp Law team attended the Industrial Hemp Summit in late February.
The annual event is typically held in person at the Institute for Advanced Learning and Research in Danville, Virginia. This year,...more
The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Health and Human Services (HHS) are aware of an increased cybersecurity threat to hospitals...more
On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU).
From February 1, 2020, to December 31, 2020, the UK and EU are in a "Transition Period," where there will be no change to the process of...more
On Tuesday, March 31, 2020, the U.S. Patent and Trademark Office ("USPTO") notified the public that it may extend certain deadlines and delay payment of fees.
On March 16, 2020, the USPTO notified the public that it would...more
Breaking News!
What happened?
The United States Supreme Court recently announced that it has granted certiorari in United States Patent and Trademark Office v. Booking.com B.V., a case about whether the addition of...more
11/14/2019
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Certiorari ,
Descriptive Trademarks ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
gTLD ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
The U.S. Patent and Trademark Office ("USPTO") generally refuses to register marks that violate federal law.
Hemp and hemp-derived CBD were previously classified as Schedule I controlled substances under the Controlled...more
5/13/2019
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Goods or Services ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
New Regulations ,
Trademark Application ,
Trademark Examination ,
Trademark Examination Guide ,
Trademark Registration ,
Trademarks ,
USPTO
Last week, the U.S. Department of Agriculture ("USDA") announced that it will accept plant variety protection applications from breeders of seed-propagated hemp.
This is a major step forward for the industry and will allow...more
5/2/2019
/ Agribusiness ,
Agricultural Sector ,
Cannabis Products ,
Decriminalization of Marijuana ,
Enforcement Actions ,
Hemp ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Plant Variety Protection Office (PVPO) ,
USDA
For North Carolinians, hemp is here.
The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka,...more
Trademark clearance and registration—sounds like an additional legal expense, right?
Unfortunately, this potential cost is the reason many individuals and businesses forgo the trademark clearance and registration process...more
It has been about a year since the toy company, Hasbro, Inc. (“Hasbro”), filed with the United States Patent and Trademark Office ("USPTO") to register the scent of PLAY-DOH® toy-modeling compound.
Although Hasbro only...more
This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law. At the time the first article was written, Varsity Brands, Inc. v....more
4/20/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
Popular ,
SCOTUS ,
Section 101 ,
Separability ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms