Josh Zetlin | Intellectual Property Cannabis Industry Attorney

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

Intellectual Property

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

Beverage Law

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

Liability Waivers for Psilocybin Service Centers

Psychedelics Law

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

Josh Zetlin January 18, 2023

Psychedelics Law

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

Josh Zetlin January 13, 2023

Technology Law

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.

Josh Zetlin November 28, 2022

Intellectual Property

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

Cannabis Law

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

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

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

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

Josh Zetlin May 12, 2022

Trademark Opposition for Cannabis and Beverage Businesses

Intellectual Property

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

Josh Zetlin April 7, 2022