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SISUN LAW   ·   79 MADISON AVENUE, FLOOR 2, NEW YORK, NY 10016   ·    347-913-7800   ·   © 2017 SISUN LAW

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The US Patent and Trademark Office (“USPTO”) recently released new guidelines regarding registration of trademarks for goods/services featuring CBD.  These new guidelines followed the enactment of the 2018 Farm Bill (“Farm Bill”), which, in part, legalized aspects of h...

Before even considering launch you should decide whether your mark is distinctive or lacks distinctiveness.  Why?  A stronger mark enables the owner to enforce with more success and to ultimately register on the USPTO’s primary register, the Principal Register, which i...

October 5, 2018

Revisiting Federal and State Trademark Registration for the Cannabis Industry

By Scott Sisun

I. Intro

As of April 2018, 29 states and D.C. have statutes recognizing “medical marijuana;” 9 states and D.C. have approved recreational cannabis; and, 17 states have statutes re...

If you’re not already aware, SUPER BOWL is a registered trademark of the NFL. Establishments should think twice before using without a license.  The NFL is known to actively enforce its rights in all of its trademarks – mostly against commercial establishments and in s...

It is inevitable that soon after you’ve established a substantial following, third-parties will emerge from the woodwork and attempt to enforce rights in their own works and to infringe on your intellectual property ("IP") rights.  There are, however, steps to take to...

The United States Patent and Trademark Office (“USPTO”) issued a new guideline to instruct Examiners how to review surname applications after Teresa Earnhardt, widow of Dale Earhnhardt, succeeds on appeal. 

Briefly, under Section 2(e)(4) of the Lanham Act, a mark that i...

As a little background, on June 19, the Supreme Court issued its highly-anticipated decision regarding disparaging trademarks in the Matal v. Tam case. 2017 U.S. LEXIS 3872 (U.S. June 19, 2017).  As previously discussed in this space, the case revolved around the synth...

In the realm of copyright, recorded music is especially unique. Unlike other creative works, there are two copyrights in every piece of recorded music: one is in the underlying composition and the other is in the recording of the composition itself. The former copyrigh...

On May 30, the Supreme Court issued its landmark opinion in the Impression Products, Inc. v. Lexmark International, Inc. case by holding that a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the pate...

Every week, a precursory glance through the USPTO’s trademark database reveals a number of new noteworthy trademarks. Last week was no exception, so we will use this space to highlight either recent filings or registrations at the USPTO.

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June 10, 2017

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