trademark
When it comes to damages recovery, design patents trump utility patents
Determination of reasonable royalty is often difficult to prove and can leave a large portion of the profits with the infringer. Lost profits, on the other hand, corresponds to the sales the patent owner would have made if it had not been for the infringement. Design patents are not as popular as their better-known sibling,…
Supreme Court Nixes First Amendment Defense To Trademark Infringement
The U.S. Supreme Court has practically nixed a longstanding and widely adopted First Amendment defense co trademark infringement that exempted certain unauthorized but “artistically expressive~ usages of trademarks from the reach of the Lanham Act. The specific issue decided in Jack Daniel’s, was application of the “Rogers test”, a decades old standard, which aimed to…
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…
Dr. Dariush Adli Discusses the Recent “Kimono” Trademark Controversy and Legal Remedies for Affected Groups
In an article for IP Watchdog, Dr. Dariush Adli discusses the recent controversy surrounding Kim Kardashian’s efforts to trademark the name “Kimono” for her new line of undergarment shapewear. While not perfect, trademark laws do provide powerful tools for Affected Groups to combat and control cultural appropriators from using their cherished attributes. To read…
Got Rights? A Jenner or Kardashian Will Probably Infringe Them
I really thought I wouldn’t be writing about this again. I thought that Kylie Jenner and her sisters would hire and listen to knowledgeable and competent trademark and copyright attorneys for their future business endeavors, after: Kylie Jenner infringed several of multi-platinum singer Kylie Minogue’s trademarks; and, then she and her sister, Kendal Jenner, infringed…
Balenciaga vs Little Trees: When Anti-Fashion Leans Toward Anti-Legal, Daily Journal (November 6, 2018)
In an article for the Daily Journal, ADLI’s Olfa B’Chir discusses the appropriation of functional trademarks by high-end fashion brands attempting to compete with a movement in Fashion known as “AntiFashion”. She explores the case example of Balenciaga appropriating the Little Tree design and their protected trademark to create a Balenciaga keychain that sells for approximatively…
Hybrid Strategy for Optimal Protection of Cannabis Intellectual Property
As of the date of this article, nine states and Washington, DC, have legalized Cannabis for recreational use. Another 21 states have legalized medicinal use of Cannabis. According to a recent report Legal marijuana sales topped $9.5 billion in North America in 2017, representing a 33% increase over 2016, and sales are projected to reach…
EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe, IP Watchdog (September 4, 2018)
In an article for IP Watchdog, Dr. Dariush Adli examines the relevance and significance of European high court’s decision to recognize color a protectable form of trademark and offers practical advice to businesses who own color trademarks to take advantage of the ruling by obtaining exclusivity for their products in the EP market. To read…