By Oliver Herzfeld and Jared Mermelstein - Marijuana’s classification as an illegal substance makes brand protection under trademark law problematic and uncertain. But it is not impossible for cannabis companies to protect their brands. It just takes some creative problem-solving!
By Oliver Herzfeld - A well-functioning corporate licensing program can help a brand to expand into new categories and territories, adapting to new trends and a changing marketplace. However, setting up such a program takes hard work and ongoing care.
By Oliver Herzfeld - Using another’s trademark on your goods and services usually requires a license. However, there are exceptions to that general rule. For example, under certain circumstances, you are not required to obtain a license in connection with trademark uses for purposes of parody. The recent decision in the case of Louis Vuitton v. My Other Bag provides a good example of this legal principle.
BY OLIVER HERZFELD, FORBES IP COUNSEL, JUNE 25, 2013 - In a prior article, I reviewed the laws of trademark licensor liability for injuries caused by defective licensed products. In a similar vein, the recent case of Gibson Guitar v. Viacom presents an excellent opportunity to review the laws of licensor liability for a licensee’s infringement of a third party’s trademarks.
BY OLIVER HERZFELD, FORBES IP COUNSEL, FEBRUARY 28, 2013 - In the recent case of Abraham v. Alpha Chi Omega, the Fifth Circuit Court of Appeals issued an opinion regarding a fascinating dispute that involved a failure to enforce trademarks for more than 40 years.
BY OLIVER HERZFELD, FORBES IP COUNSEL, OCTOBER 24, 2012 - In Hannibal Saldibar v. A.O. Smith Corp., the court recently denied post-trial motions filed by Tile Council of America, a licensor trade association, essentially holding it liable in connection with a death caused by licensed products that Tile Council neither manufactured nor sold. Tile Council’s liability was predicated on its detailed specifications governing all aspects of certain asbestos-containing products. The case presents an excellent opportunity to review the laws of trademark licensor liability for injuries caused by licensed products.