Josh Zetlin | Intellectual Property Cannabis Industry Attorney

Trademark Protection for Plant Varieties: What Cultivators and Nurseries Need to Know

Trademarks are among the most valuable assets of any business, including those in the plant cultivation industry. For nurseries, farms, and other plant-growing businesses, a trademark can offer significant legal and commercial advantages by distinguishing their offerings in a competitive marketplace. What Is a Trademark? A trademark can be any word, phrase, symbol, design, or combination thereof that identifies the

Josh Zetlin June 30, 2025

Plant Variety Protection: Securing Intellectual Property Rights for New Plant Varieties

Plant breeders, including nurseries, cultivators, and agricultural developers, regularly create new plant varieties that can carry substantial commercial value. Protecting these innovations as intellectual property is essential for maximizing their potential. The Plant Variety Protection Act (PVPA) (7 U.S.C. §§ 2321 et seq.) provides legal rights to breeders of new plant varieties. Administered by the Plant Variety Protection Office (PVPO),

Josh Zetlin June 23, 2025

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries

Startup costs can present a major hurdle for businesses seeking to make their mark in the wine industry. Fortunately, the “alternating proprietorship” model presents an opportunity for an ambitious company to produce its own wine without the burden of certain significant startup costs. It also offers financial opportunities for existing wineries with excess capacity. And, notably, in contrast to the

Josh Zetlin November 20, 2023

Custom Crush Relationships and the Foundational Custom Crush Agreement

Introduction to Custom Crush Agreements The wine industry is complex, and it takes a significant amount of time, money and skill to produce a high-quality product. One aspect of the industry that has been gaining popularity in recent years is the “Custom Crush” model of business. This structure lets an aspiring wine maker enter the business without a producer’s license

Josh Zetlin October 16, 2023

Grape Purchase Agreements are a type of contract governing the transaction between winemakers and third-party grape growers.

Grape Purchase Agreements: Understanding Contracts in the Wine Industry

Introduction Grapes are the foundational ingredient of wine, so it should come as no surprise that the contract for winemakers to purchase grapes from winegrowers – the Grape Purchase Agreement – represents a crucial aspect of the wine industry. Nearly all winemakers purchase at least some of their grape supply from third-party grape growers. Grape Purchase Agreements, the type of

Josh Zetlin June 16, 2023

Trademark Modernization Act – Shortened USPTO Office Action Response Deadlines and Faster Trademark Registration Timelines

Introduction: The Trademark Modernization Act of 2020 Recent changes to United States trademark laws herald significant changes for brand owners. In particular, the Trademark Modernization Act of 2020 (TMA) established new rules for trademark enforcement, prosecution, and maintenance. The TMA adjusted United States Patent and Trademark Office (USPTO) procedures, implementing expedited trademark application timelines and creating new enforcement tools for

Josh Zetlin February 28, 2023

Commercial Contracts for Wineries and Other Beverage Companies: A Primer

Introduction Wineries and beverage businesses face unique challenges when it comes to commercial contracts. From sourcing grapes to distributing wine or other beverages, beverage businesses must navigate complex supply chains, regulatory requirements, and shifting market demands. To succeed, it’s essential to have strong commercial contracts in place. In this article, we’ll explore the essential elements of commercial contracts and the

Josh Zetlin February 14, 2023

UDRPs for Regulated Substance Domain Names

Cybersquatting can dilute and harm a brand in many ways, including by drawing potential customers and business opportunities away from a business. The cost of a UDRP action could prove very worthwhile when a disputed domain is actually damaging a business.

Josh Zetlin October 10, 2022

Cannabis Appellation of Origin (CAO) vs. American Viticultural Area (AVA) vs. European Appellations

The CDFA is preparing to launch its Cannabis Appellations of Origin Program. How will a Cannabis Appellation of Origin (CAO) compare to an American Viticultural Area (AVA) or French Appellations d’origine Controlee (AOC)?

Josh Zetlin September 12, 2022

Intellectual Property Considerations for Alcoholic Beverage and Cannabis Labeling

When it comes to Alcohol and Cannabis Labels – Don’t Forget the Intellectual Property!

When scrolling through bottles of wine and beer at your local liquor store, or browsing the cannabis products in a neighborhood dispensary, labels jump out as one of the most important ways for a beverage or cannabis business to connect with its customers. Labels capture consumers’ attention, distinguish products from each other, and convey important information to potential buyers. This

Josh Zetlin September 2, 2022

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