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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…
Got Bad Reviews? That’s Too Bad, Under New Law
It’s been said that “opinions are like a________s – everyone has one”. But they can do serious damage to a business when they take the form of negative reviews online. People are entitled to express their opinions (it’s that pesky free speech thing). Reviews have become powerful influencers. Most of us won’t consider buying or…
No Fake News Here. Your Website or App Content Can Get You Sued for Copyright Infringement, Unless It Complies with New Law
President Trump regularly says you can’t trust the media. He’s 100% right — if he’s talking about a type of digital media. This would be the third-party content, such as videos, photos, and posts to chat rooms, bulletin boards, and discussion forums, that are hosted on a site or app (“Site(s)” for purposes of this…
Trade Secrets: The Growing Battlefront
Earlier this year, the most publicized trade secret case of our lifetimes played out in court between two giants, Waymo LLC (actually a subsidiary of Google’s parent company, Alphabet Inc.) and Uber Technologies, Inc. Both companies were developing self-driving car technology, a game-changer in transportation that may forever transform how we get from one place…
California’s Take on Non-Compete Agreements
It is a common refrain by executives, managers, and employees generally: Can my former employer really enforce the non-competition agreement I signed when I first joined the company? The answer, as is often the case in the legal realm, is yes, no and maybe. California, unlike many other states, has laws against “restraint of trade.”…
What’s in A Name? Everything If Your Name Is Kylie Jenner
We’re saturated with Kylie Jenner. She has a celebrity. She’s all over reality TV as a Kardashian adjunct. She regularly graces the covers of tabloids. She has tens of millions of followers as a social media icon. She has a burgeoning career as a fashionista, either selling or planning to sell clothing, cosmetics and accessories….
Who’s An Employee? The Impact of Dynamex, Daily Journal (July 2, 2018)
In an article for the Daily Journal, Dr. Dariush Adli examines the landmark decision, where the California Supreme Court changed the standard for designating employees as independent contractors, making it much more difficult to classify employees as independent contractors. The article discusses the implications of the decision on California’s Gig economy as well the potential…
Should Musical Works be Entitled to ‘Broad’ or ‘Thin’ Copyright Protection?, The Recorder (June 12, 2018)
In an article for The Recorder, Dr. Dariush Adli examines the hotly disputed legal issue between the majority and dissent in the recent, highly publicized, U.S. Court of Appeals for the Ninth Circuit “Blurred Lines” decision. That decision weighed in on whether Marvin Gaye’s 1976 hit song “Got to Give it Up” was entitled to…
Anti-SLAPP: When State and Federal Rules Collide
The degree to which California’s anti-SLAPP provisions conflict with the Federal Rules of Civil Procedure is an issue that has been hotly disputed since California Code of Civil Procedure § 425.16 was enacted in 1992. Recently, the Ninth Circuit held that when California’s anti-SLAPP statute is utilized in federal court, the court will review the…