One of the biggest challenges is that while marijuana is illegal at the Federal level, many states (and more every year) are decriminalizing it and even making it legal to sell marijuana to consumers at retail. So, while there is currently no ability to obtain a Federal registration, there is nonetheless trademark use and it […]
What’s the biggest challenge advisors face when trying to understand risk in this space?
For me the biggest challenge is the fluidity of this. It’s changing on a regular basis. You don’t know where things are going to necessarily be a year from now or even six months from now. And so advising clients is hard because they’re basing their decisions on some of what you say and they […]
The federal government, which controls the federal trademark registration practise, has not legalised marijuana or cannabis up to now. It’s not possible to get a federal trademark registration for cannabis products generally. As such, you are not going to be in a position to, for example, obtain a trademark registration for your particular brand of […]
Timothy J. Kelly participates in the IR Global Jurisdictional Guide to Trademark & Copyright
FOREWORD BY EDITOR, ANDREW CHILVERS Intellectual property and the challenges of globalisation When the US Supreme Court recently ruled that Booking.com could trademark its domain name, the decision was a game changer for online businesses the world over. The court decided by an 8-1 ruling that adding a “.com” combination to a generic word is […]
IR Global Member, Timothy J. Kelly starts own practice, TJ Kelly Intellectual Property Law, PC.
Timothy J. Kelly, long-time IR Global member and member of the IR IP Practice Steering Committee has recently opened TJ Kelly Intellectual Property Law, PC. With nearly 30 years of intellectual property law experience in larger law firms, Tim’s new practice will permit him to effectively and efficiently deliver trademark- and copyright-related legal services to […]
McCarter’s Intellectual Property Group Commended by The World Trademark Review 1000 2018
Nine McCarter & English partners have been recognized by The World Trademark Review, the prestigious research directory that acknowledges the world’s leading trademark practices and professionals. Since 2013 McCarter’s trademark attorneys in Boston, Newark, and New York practices have been recognized for their enforcement and litigation, and prosecution and strategy prowess. This year’s list includes […]
Changing Tides? How Investor Conservatism and Discipline Are Impacting Venture Financing Deal Terms
Most of the prevailing core legal terms in seed and early-stage venture capital transactions have remained relatively stable throughout the current decade. As we survey the most recent transactions, however, we are seeing some evidence of changing tides, as investor conservatism and increased discipline seem to be finding their way into more deal terms. For […]
Amy Vanni Brings Life Sciences, Healthcare Experience to Philadelphia Office; Wilfred Coronato, 1st Chair in Successful Fen-Phen Defense, Joins In Newark Two prominent products liability defense litigators – one from Reed Smith and one from Hughes Hubbard & Reed, and both with significant experience in health care matters – have joined McCarter & English as […]
I am absolutely delighted to report that the firm continues its leadership role in venture capital transactions (representing both companies and investors) regionally, nationally and globally. We enjoyed a record-breaking performance in 2016 – for the first time ever, McCarter was a leader in the venture capital global league rankings, achieving recognition in five categories […]
M&E Insurance Coverage Alert 03/15/17 On March 7, the Connecticut Appellate Court handed a victory to policyholders seeking insurance for long-tail liabilities. The court adopted both a continuous trigger for asbestos-related disease claims and an unavailability of insurance rule. R.T. Vanderbilt Co. v. Hartford Accident and Indemnity Co., No. AC 36749, 2017 WL 810704 (Conn. App. […]
Urban Outfitters has reached a settlement in a dispute with its insurers over coverage for two suits over a dress design that allegedly infringed copyrights, according to a notice docketed in Pennsylvania state court Wednesday. The retailer accused the Hanover Insurance Co. and the former OneBeacon America Insurance Co. of forcing it to foot the […]
Big Pharma is challenging a final rule that affects the off-label promotion of drugs and devices. The Food and Drug Administration in the final rule revised the definition of “intended use” to include a new “totality of the evidence” standard that wasn’t in the proposed rule. Because stakeholders weren’t given fair notice of the revision […]
