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Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. Unlike in the case of trademarks, patentability of cannabis-related products and processes is much more clear-cut.
On November 19, 2018, Mattel, Inc. filed an opposition in the United States Patent and Trademark Office against the Paris Distilling Company, LLC’s trademark application for its OLD BARBEE mark to be used in connection with alcoholic beverage products. Mattel argues that BARBIE® is a strong, distinctive and famous mark, which would be “diluted” if OLD BARBEE were granted registration.
The issue of cross-racial identification has been a widely discussed one in the criminal defense bar in recent years. The "cross-race effect" has serious implications in a criminal trial where the testimony of a witness identifying a defendant of a different race may be crucial and determinative of the final outcome. A recent Appellate Division decision further expanded the role of the "cross-race effect" in criminal trials.
The Appellate Division both giveth and taketh away—upholding a contractor's right to file a mechanic's lien for work it performed but had not yet invoiced for; but also sustaining an owner's defense of willful exaggeration in connection with the contractor's filing of a mechanic's lien for two unapproved change orders.
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
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