Legal Insights

Trademark Modernization Act - Shortened USPTO Office Action Response Deadlines and Faster Trademark Registration Timelines
Intellectual Property
Josh Zetlin

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

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Beverage Law
Josh Zetlin

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

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Liability Waivers for Psilocybin Service Centers
Psychedelics Law
Josh Zetlin

Liability Waivers for Oregon Psilocybin Service Centers

Consumer-facing businesses in emerging industries face extensive risks, especially when the core business service constitutes a potentially dangerous or hazardous activity. This maxim holds true for psilocybin service centers in Oregon, where customers pay to receive cutting-edge therapies involving controlled substances. Written liability waivers represent one of the best ways for psilocybin service centers in Oregon to mitigate their risks. What Legal

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Psychedelics Law
Josh Zetlin

Labeling and Trademarks for Oregon Psilocybin Manufacturers

Oregon leads the nation in building a regulated psilocybin industry.  As this industry grows and matures, operators must remain mindful of important intersections between regulations and intellectual property.   Background: Oregon Psilocybin Services Act & Finalized Rules The Oregon Psilocybin Services Act Ballot Measure 109 (M109), otherwise known as the Oregon Psilocybin Services Act (the “OPSA”), established a legal basis for

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Technology Law
Josh Zetlin

NFTs, Blockchain, Cryptocurrencies, and the Next Frontier of Trademarks

Most nationally recognized brands seem to remain bullish on expanding into next-generation frontiers, such as Web3, non-fungible tokens (“NFTs”), virtual goods, and even cryptocurrencies. Taking their cue from giants in other industries, ambitious cannabis, beverage, and other highly-regulated industry companies may want to shore up their brand protection assets in these important spaces before it’s too late.

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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.
Intellectual Property
Josh Zetlin

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.

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Intellectual Property Considerations for Alcoholic Beverage and Cannabis Labeling
Intellectual Property
Josh Zetlin

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

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Workplace misconduct -- such as health and safety violations, retaliation, drug and alcohol use, and theft or fraud -- ranks among the most important legal challenges a cannabis or beverage company might encounter
Labor & Employment
Josh Zetlin

Investigate Workplace Misconduct…Don’t Turn a Blind Eye!

The mountain of legal issues facing businesses in regulated industries often seems overwhelming. But, thoughtful management can utilize an important tool – internal investigations – to uncover and mitigate potential workplace-related liabilities before they spiral out of control.  What is Workplace Misconduct? Workplace misconduct — such as health and safety violations, retaliation, drug and alcohol use, and theft or fraud

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Trademark Opposition for Cannabis and Beverage Businesses
Intellectual Property
Josh Zetlin

Trademark Opposition Proceedings for Cannabis and Beverage Businesses

Trademarks represent important corporate assets of all consumer-facing companies, especially those in highly regulated industries, like the cannabis or beverage industries.  The intellectual property comprising a company’s brand sets a business apart from its competitors and can even help overcome the stigma traditionally associated with many highly regulated industries. An important aspect of creating, owning and utilizing these important intellectual

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