As more states legalize cannabis and the industry experiences ongoing growth, we are witnessing a rising trend of acquisitions and sales within this sector. While buying and selling a business is a complex process for any industry, there are unique considerations to...
Intellectual Property & Technology
Supreme Court to Examine Free Speech Limits in “TRUMP TOO SMALL” Trademark Case
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the Federal Circuit. At issue in Vidal is the...
Jack Daniels v. Bad Spaniels: Trademarks Triumphant Win Over The First Amendment Satirical Speech
Whether you operate a large e-commerce company on Amazon, a specialized artisan store on Shopify or Etsy, or a local t-shirt company, all brands producing products resembling famous marks should consider the implications of the seminal Supreme Court ruling in Jack...
Supreme Court to Chew on First Amendment Protections in Jack Daniels v. Bad Spaniels: Are Parodies Protected Speech or Trademark Infringement?
Creative expression through the sale of parody-based dog toys has recently caught the attention of the United States Supreme Court. On March 22, 2023, the Supreme Court listened to arguments to decide whether dog toys modeled after well-known alcohol brands should be...
Esports and IP Rights Series 3: Enforcing IP in a Digital World
As an esports, primarily digital, brand you’ve now taken the proper steps to protect the company’s intellectual property (IP) through registering and proper protections around trade secrets. Now, what happens if you still find yourself being affected by IP pirates?...
Esports and IP Rights: Why Should You Protect Your Intellectual Property?
Quickly evolving industries, like gaming and esports, are exciting spaces and foster innovation. However, those innovators could be doing all the heavy lifting only for others to exploit their hard work if they’re not careful with their intellectual property (IP)...
Common Mistakes New Business Owners Make & How to Fix Them
Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, and that 45% fail in the first five years. As daunting as those figures may seem, there are measures you can take to avoid having your new...
Will Apple Ditch the Lightning Port?
In a recent announcement, the European Union (EU) ruled that by 2024, Apple and other cell phone manufacturers must make cell phones to be “…equipped with the USB Type-C receptacle.” This begs the question: is this the end of the lightning port? Will Apple Switch to...
Signature Moves: Trademarked Poses Raise Questions in IP Law
A trademark, according to the United States Patent and Trademark Office (USPTO), can be “any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” Can a body movement be protected as a trademark? The answer is less...
Biometrics and AI in the Workplace: Boon or Bane?
Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security and workplace monitoring, all of which can necessitate new approaches brought on by the...