I know what you’re thinking: “Trademarks and copyrights are fun, but when do we get to the REALLY fun stuff?” Well, loyal reader, wait no longer: I give you…EXPORT CONTROL REGULATIONS!!! No reaction? Well, you might want to reconsider that, since violations of export control regulations can carry severe penalties (criminal penalties can be up to 20 years imprisonment and $1 million per violation; administrative monetary penalties can reach $11,000 per violation, and $120,000 per violation in cases involving items controlled for national security reasons). Many businesses are unaware of the Export Administration Regulations (the “EAR”), which govern export control […]

In case you haven’t been to your local “packie” lately, craft breweries are popping up faster than a hops vine. Occurring in tandem with this proliferation of breweries and quirky beer names, are incidents of breweries clashing over their names and the names of their products. We’re not the first to discuss this phenomenon, but given ongoing reports of trademark spats, the size of the craft brewery market, and the importance of branding to craft breweries, consideration of trademark issues is critical to anyone involved in commercial craft brewing. With approximately 4,600 breweries operating in the U.S., it can be […]

Recently, I was discussing with a client a topic that I think is often overlooked by businesses.  If you’ve been following us for a while, you know we’re [perhaps not surprisingly] big proponents of businesses registering their trademarks at the federal level.  Although obtaining a registration is an important part of protecting the goodwill that a business has accrued in its trademarks, in connection with the goods/services it currently offers [hint, hint], doing so is not the “end of the story.” When a company adopts a new mark in connection with its goods and/or services, seeking to “clear,” protect, and […]