Author: David Baker
Earlier this month, a jury in San Diego federal court was asked to decide if the use of the trademark “COMIC CON” by Daniel Farr, Bryan Brandenburg, and Dan Farr Productions for a comic book convention held in Salt Lake City constituted an infringement of the trademark “COMIC-CON” (note the distinguishing hyphen)
Brand litigation can be extreme in the consumer products space and even more so for alcoholic beverages (legal cannabis brand owners take note and start stockpiling your war chest). It’s not uncommon for litigation to arise whenever an alcoholic beverage brand owner believes that another alcoholic beverage brand infringes. Such was the case for
My last column was the first of two columns discussing some of the most common misconceptions or myths about patents. Here is the second part, starting with number five on my list. 
Inventors and patent owners often assume that a patent
California was the first state to legalize marijuana for medical use. In 1996, California approved Proposition 215, the California Compassionate Use Act. Two decades later, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Despite the fact that cannabis has been legal in California since 1996, you still
A plaintiff seeking to prevail on a trademark infringement claim needs to establish that there is some likelihood of confusion between its mark and that of the defendant. Generally, a plaintiff establishes that there is “forward” confusion by showing that customers believed they were doing business with plaintiff but because of a confusion in their
