Article

Trademark Infringement in Cannabis

Cannabis and Hemp CBD companies should be increasingly vigilant regarding the risks of potential trademark infringements of non-cannabis and hemp-related marks. There has been a long history of cannabis products in the unlicensed markets with similar or near-identical names, logos, or identifying artwork to well-known brands, products, companies, and in some instances, well-known persons. These…

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Consideration of Non-Traditional Trademarks in Branding Strategy

Many are surprised to learn that a scent can be a trademark. For example, toy and board game company Hasbro has registered the “Play-Dough” scent mark, which it described as “a sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of a salted, wheat-based dough.” The Play-Dough scent mark is…

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COVID-19 and Commercial Frustration

With the COVID-19 wreaking havoc on California’s economy, many of the adversely affected businesses increasingly find themselves unable to perform their contractual obligations. Hardest hit are businesses declared non-essential and ordered to shut down, including movie theaters, cruise liners, sport stadiums, restaurants, convention centers, clothing outlets, barbers and beauty salons, etc.  Other businesses such as…

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Daily Journal PUBLISHED: Supreme Court to Decide if Recovery of Trademark Infringer’s Profits Requires Willfulness

Supreme Court to Decide if Recovery of Trademark Infringer’s Profits Requires Willfulness, Daily Journal (April 14, 2020) In an article published in the Daily Journal, Dr. Dariush Adli discusses oral arguments recently heard by the Supreme Court on a high profile case that will have profound impact on damages available to plaintiffs in trademark infringement…

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Ruling Will Make It Harder to Prove Copyright Infringement, Daily Journal (April 3, 2020)

In an article published in the Daily Journal, Dr. Dariush Adli  discusses a recent 9th Circuit Court of Appeals ruling, which will likely make it harder for copyright owners to prove infringement of their works.  The en-banc decision overruled a 43 year old 9th Circuit precedent, known as the “inverse ratio rule,” under which a copyright owner…

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Fyre Fest Scandal Reignites, and Influencer Agencies, Management and PR Firms Are Getting Burned

Earlier this year, I wrote an article for Entrepreneur magazine about the now-infamous Fyre Festival. Among other topics, the article dealt with how not only influencers, but recently brands, agencies, and others involved with influencers, were being scrutinized by the Federal Trade Commission (“FTC”) for failures to properly disclose endorsements.   It also posited that…

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The Value of Cannabis Patents to Cannabis Startups, National Cannabis Industry Association (November 6, 2019)

In an article for the National Cannabis Industry Association, Dr. Dariush Adli discusses the value of cannabis patents and the unique opportunity it presents to entrepreneurs, businesses, and investors to participate in this growing market. In particular, he focuses on the value of these patents and their enforceability on the federal level. To read the article, click here.…

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Dr. Adli Covers LA Lawyer Magazine Reviewing the SCOTUS Decision to Modify the Lanham Act

Dr. Dariush Adli, ADLI Law Group’s founder, president, and intellectual property leader is featured on the cover of the November issue of Los Angeles Lawyer. In the publication, he discusses the long-awaited SCOTUS decision in the First Amendment challenge to the Immoral or Scandalous Clause of the Lanham Act. The article aptly titled, “No OFFENSE Intended?”…

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Your Independent Contractor is Probably Your Employee After All

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (“AB 5”) into law.  The bill sets a new standard for classifying workers throughout California, and its ramifications are sure to be felt across companies of all sizes who have used independent contractors as part of their business model.  All California business owners,…

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When It Comes To Posting Your Photos, Ask Permission, Not Forgiveness

There’s a theory to which my girlfriend subscribes: “Ask forgiveness, not permission”. While I generally agree, it doesn’t apply to posting photos of you someone else takes.   Recently, a federal court threw out a lawsuit against influencer and supermodel Gigi Hadid, for posting to Instagram a photo of herself that was taken by a…

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