Illuminating the path in intellectual property law.
“Scandal is gossip made tedious by morality.”- O Wilde In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields surrounding their Ontario farm property. They did not, however, anticipate the wildfire of legal obstacles that combusted when they filed …
Continue reading “Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)”
On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations. Similar fee increases have also been implemented for opposition and non-use cancellation proceedings, among other transactions. With …
Continue reading “Are You Getting Bang for Your Buck with Canadian Trademarks?”
In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: Avoiding potential trademark infringement claims, and Protecting the business’ brand through trademarks In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their intellectual property. Terminating an employment relationship carries …
In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark. Acquiring State Trademarks The most obvious (and widespread) …
Continue reading “How To Protect Your Cannabis Trademarks in a Legal Landscape That Is Half-Baked”
Over a decade has passed since recreational cannabis began to see legalization at the state level. Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once …
On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will take effect by January 1, 2024. The amendments are generally in line with fee increases put forward by CIPO for public consultation earlier this …
Continue reading “Canadian Intellectual Property Fees on the Rise in 2024”
The United States Patent and Trademark Office (USPTO) recently issued a notice that a data security incident exposed domicile addresses of numerous trademark applicants who filed applications between February 2020 and March 2023. A copy of the first page of the notice is below: The USPTO stated that the incident occurred when a vulnerability in …
Continue reading “You Received a “Notice of Data Security Incident” from the USPTO—Now What?”
A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and …
Continue reading “A Seller’s Guide to Navigating Intellectual Property Law on Amazon”
On January 5, 2023, the Federal Trade Commission (FTC) proposed a ban on non-compete agreements between an employer and its workers as an unfair method of competition. The FTC’s proposed ban is intended to promote competition and innovation by providing workers with more freedom to move between companies. However, this proposal has raised concerns about …
Health Canada determined that Texas-based LE-VEL BRANDS, LLC (“Le-Vel”), broke the law by selling its weight loss products to Canadians without seeking product licenses for their natural health products. The products had been distributed in Canada for some time, and Health Canada had flagged no health concerns. In deciding to issue a stop-sale order, Health Canada relied upon …
Continue reading “U.S. Marketing Materials Can and Will Be Used Against You in a Canadian Court”