Trademark
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…
Controversy Over Overriding Intellectual Property Protections for COVID-19 Vaccines, Diagnostics and Treatments
A recent proposal by the U.S. government to the World Trade Organization (WTO) to direct its member states to override patent protections for COVID-19 vaccines, and a competing proposal by several countries, including India and South Africa to waive all Intellectual property (IP) rights to COVID-19 vaccines, treatment drugs and diagnostics, has gained world-wide attention…
California IP Protection for Cannabis Businesses
Daily Journal recently published an article by, Dr. Dariush Adli, President at ADLI Law Group discussing how legalization of recreational Cannabis in California in 2016 has resulted in a burst of cannabis related new business activity in the state directed to development of cannabis related products, processes and services. Intellectual property and the exclusivity it…
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…
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…
ADLI Secures Registered Trademark for Cellphone Accessories Company
ADLI has successfully obtained a registered trademark (No.88193617) for a cellphone accessories company. With this trademark, ADLI’s client is protected from unauthorized use of the mark by competitors, which, in turn will help the client establish and spread its distinguishing brand identity. ADLI’s trademark law services include obtaining trademark registration both in the U.S. and…
ADLI Secures Registered Trademark for Large Senior Care Facility
On June 23, 2020, ADLI was successful in securing a registered trademark (No. 6,083,332) for a large senior care facility. With this trademark, ADLI’s client is offered protection from others infringing upon the unique brand identity that distinguishes them. ADLI’s trademark law services include searching trademark/brand availability, applying for, prosecuting and securing trademark registrations both…
Los Angeles Lawyer Published:Generic Branding: The Issue of Determining how Genericness may be Applied
In the recent article published in the Los Angeles Lawyer, Dr. Dariush Adli discusses trademark genericness for .com brands and how courts go about making that determination. The issue is now before the Supreme Court, which is expected to issue its decision by June. Click link to read the full version of the article: https://bit.ly/3arCJzh….
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…
In a Second Article on the the Recent “Kimono” Trademark Controversy, Dr. Dariush Adli Discusses Recent Developments and Legal Remedies for Affected Groups
In an article for Law360, Dr. Dariush Adli discusses new developments around 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 can be used to appropriate indicia traditionally associated with certain cultures or traditions. Groups seeking to counter potential appropriators based on…