Josh Zetlin advises clients on a wide range of issues, including trademark clearance and prosecution, brand development and enforcement, intellectual property licensing, corporate finance, entity formation, corporate governance and commercial disputes. He frequently represents businesses and individuals in civil litigation matters and has helped clients secure positive outcomes in disputes spanning a wide range of issues.
Josh joined Rogoway Law Group in 2017, with a practice focusing on litigation, intellectual property and corporate matters. Hailing from sunny Los Angeles, California, Josh received both a Bachelor’s and Master’s degree in History from Brandeis University. After working in unscripted television production in New York and Los Angeles, Josh found the legal profession to be his true calling.
Josh earned his J.D. from the University of California, Hastings College of the Law in San Francisco, where he served as the Executive Symposium Editor of the Hastings Communication and Entertainment Law Journal. Upon graduating from law school, Josh began his legal career assisting clients with both litigation and transactional matters at a boutique law firm in Beverly Hills. He then spent time as an in-house television production attorney at Metro-Goldwyn-Mayer Studios.
Striving to view legal issues through a holistic lens, Josh represents his clients in a thoughtful and personal manner. This, combined with a nimble approach to legal representation, serves clients immeasurably in the rapidly changing legal landscape of the cannabis industry.
- Conducted trademark clearance searches to ascertain availability and viability of prospective cultivator, manufacturer and distributor brand names, logos and taglines
- Prosecuted federal trademark applications on intent-to-use and use-in-commerce bases for ancillary goods (e.g. apparel and smoking accessories) and services (e.g. informational websites and entertainment services) of cannabis brands.
- Secured California state trademark registrations for cannabis goods and services, including for flower brands and cannabis cultivators.
- Maintained portfolio of trademark registrations for clients with numerous trademarks.
- Responded to USPTO office actions regarding lawful use in commerce, likelihood of confusion with pre-existing registration, and other issues.
- Registered copyrights with US Copyright Office for artistic expressions on packaging and in brand logos of pre-rolled joints, infused edibles and other products.
- Formulated brand and trade secret protection strategies for cultivators, manufacturers, distributors and retailers.
- Enforced trademark rights against alleged infringer of well-known cannabis flower brand.
- Pursued domain name cancellation strategy against apparent cybersquatter.
- Negotiated consent agreements for brand co-existence between companies using similar terminology for manufactured products and retail.
- Negotiated and drafted trademark and trade secret license agreements for cross-state licensing of manufactured product brands.
- Structured and drafted white-labeling and co-packing agreements for prominent manufactured cannabis product brands.
Disputes & Litigation
- Secured significant six-figure payout and retention of intellectual property for founder upon departure from well-known cannabis brand.
- Obtained favorable settlement on behalf of landlord client in litigation over warehouse lease breached by cannabis cultivator.
- Represented operator in mediation with landlord over enforceability of real property purchase option.
- Defended prominent operator in litigation over fiduciary duty claims by exited founder.
- Negotiated six-figure settlement to client in litigation between founders of distribution and manufacturing operator.
- Counseled Adelanto dispensary through settlement negotiations in dispute with rival business over brand name.
- Defended medical business against litigation brought by former staff member alleging wage-and-hour claims.
Corporate & Transactional
- Formed and papered corporate formalities for numerous corporations and LLCs.
- Represented investor in 6-figure convertible debt financing of Northern California cannabis distributor start-up.
- Facilitated SAFE financing of prominent cannabis infused beverage brand.
- Structured and negotiated supply chain to bring cannabis infused wine from concept to market.
- Drafted wide range of commercial contracts for parties in cannabis supply chain, including flower purchase agreements, distribution agreements, and equipment leases.
- Negotiated supply agreements for high-end craft cultivator to convey raw cannabis to prominent brands, for subsequent re-sale and extraction for manufactured products.
- Managed due diligence for significant seven- and eight-figure series A financings of operators.
- Drafted and negotiated assignment of lease for publicly traded multi-state operator, in connection with acquisition of retail and distribution licenses.
- Reviewed, edited and negotiated multi-year, multi-million dollar warehouse lease for Desert Hot Springs cultivator.
- Negotiated Oakland lease on behalf of master tenant operator and sublandlord to social-equity operator tenants.