April 11, 2019 In February 2019, the US Court of Appeals for the Fourth Circuit affirmed the district court’s summary judgment ruling that found that BOOKING.COM was not generic, but a descriptive mark with acquired distinctiveness. Trademark lawyers are intrigued by the fact that, as pointed out in Judge James Wynn’s dissenting opinion, the decision […]
Important BOOKING.COM Decision – Trademark Lawyers Take Note Read More »
March 25, 2019 The New York State Gaming Commission has formally published sports betting rules and regulations to allow a limited number of upstate casinos to accept wagers on sporting events. This follows a publication earlier in the year of proposed New York sports betting regulations, and is largely consistent with those prior proposals. What
New York Sports Betting Coming This Spring Read More »
March 21, 2019 On March 4, 2019, the United States Postal Service (“USPS”) issued a guidance letter meant to address how cannabidiol (“CBD”) products may be sent via U.S. mail. This is another of many recent state and federal CBD law developments. The USPS has advised that the guidance is temporary and will be revised
CBD Law – USPS Mailing Guidelines Read More »
March 8, 2019 As more states legalize medical and recreational marijuana, the continued federal prohibition on marijuana sales creates uncertainty for marijuana marketing and marijuana-related product and service businesses. Just this last February, CBS rejected a medical marijuana advertisement that was set to air on its national Super Bowl broadcast. Similarly, social media platforms, such
Facebook May Relax its Marijuana Marketing Policy Read More »
February 13, 2019 On February 7, 2019, Plaintiff Michael Seefeldt (“Seefeldt)” commenced a text message lawsuit in the United States District Court for the Eastern District of Missouri. The named defendants are the Outfield Brew House, LLC d/b/a Budweiser Brew House (the “Brew House”) and Entertainment Consulting International, LLC (“ECI”). The Brew House is a
TCPA Consent – Happy Hour Invites Lead to Text Message Lawsuit Read More »
December 13, 2018 The National Association of Cannabis Businesses (“NACB”) has released its national standards for cannabis advertising. The NACB is a self-regulating organization, built to “demonstrate its commitment to operating at high levels of ethics and responsibility.” The NACB believes that greater cannabis industry transparency and self -regulation will build trust and may head
NACB Releases National Standards for Cannabis Advertising Read More »
December 3, 2018 On November 29, 2018, the House and Senate Agriculture Committee announced that they have reached an agreement in principle on the Agriculture Improvement Act of 2018 (commonly known as the “Farm Bill”). The previous rendition of the Farm Bill expired on October 1, 2018. The Agriculture Committee has been working hard to
2018 Farm Bill to Make CBD Oil Legal Under Federal Law Read More »
November 9, 2018 On November 6, 2018, the Girl Scouts of the United States of America (“GSUSA”) filed a complaint against the Boy Scouts of America (“BSA”) in the Southern District of New York for trademark infringement, unfair competition and trademark dilution. GSUSA has been in operation for over 106 years and is currently serving
Girl Scouts Involved in Trademark Law Dispute with Rebranded Boy Scouts Read More »