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!

Thought LeadershipBeanstalk BeanstalkMarch 17, 2017legalizing marijuana, marijuana law, legal marijuana, marijuana licensing, Oliver Herzfeld, Jared Mermelstein, Beanstalk Licensing Agency, Trademark Licensing, Trademark Licensors, zone of natural expansion, cannabis marks, CSA, trademark law, WeedClub, WeedClub.com

Forbes: How To Establish A World-Class Corporate Brand Licensing Program

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.

Thought LeadershipBeanstalk BeanstalkFebruary 15, 2017corporate licensing, how to, licensing programs, establishing licensing programs, Oliver Herzfeld, Forbes, Trademark Licensing, Trademark Licensors, trademark law, consumer permission, brand awareness

Forbes: Louis Vuitton v. My Other Bag: No License Required

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.

Thought LeadershipBeanstalk BeanstalkJanuary 6, 2017trademark law, Trademark Licensing, Trademark Licensors, Louis Vuitton, My Other Bag, Beanstalk, Beanstalk Licensing Agency, Infringement

Gibson Guitars v. Viacom: Are Trademark Licensors Liable For Their Licensees' Infringement?

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.

Thought LeadershipBeanstalk BeanstalkJune 25, 2013Oliver Herzfeld, Beanstalk Licensing Agency, Brand Licensing, Trademark Licensors

Failure To Enforce Trademarks: If You Snooze, Do You Lose?

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.

Thought LeadershipBeanstalk BeanstalkMarch 5, 2013Oliver Herzfeld, Beanstalk Licensing Agent, Brand licensing, Trademark Licensors

Are Trademark Licensors Liable For Injuries Caused By Their Licensees' Defective Products?

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.

Thought LeadershipBeanstalk BeanstalkOctober 24, 2012Trademark Licensors, Oliver Herzfeld, Brand Licensing, Beanstalk Licensing Agency

Resolving Conflicts Between Trademark And First Amendment Rights

BY OLIVER HERZFELD, FORBES LEGAL CORNER, OCTOBER 11 2012 - Beanstalk Chief Legal Office, Oliver Herzfeld, addresses the long running dispute between the University of Alabama and the artist Daniel Moore in his recent Forbes post.

Thought LeadershipBeanstalk BeanstalkOctober 11, 2012Oliver Herzfeld, Beanstalk Licensing Agency, Brand extension, Trademark Licensors

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