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"Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation

Once a company owns a trademark, it must police the mark for unauthorized use, or risk losing its rights. As a result, companies will send “cease and desist” letters to enforce and protect their marks. At times, however, legal rights are only one consideration. Public opinion and consumer perception are also part of the equation, as the Aloha Poke Co. (“Aloha Poke”), a Chicago based restaurant, recently learned firsthand.

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TAGS: Intellectual Property, Social Media, Trademark, Trademark Litigation

Medical Marijuana Creates Unanswered Trademark Litigation Issues

Ohio’s Department of Commerce is ramping up efforts to begin the state’s medical marijuana program.  Standards and licensing procedures for cultivators, laboratories, dispensaries and others will be set up over the next year, and the program must be fully up and running by the summer of 2018.  But at the same time, the federal Drug Enforcement Agency (“DEA”) is doubling down on the marijuana ban, keeping the drug listed alongside heroin as a top-level controlled substance.

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TAGS: Drug Enforcement Agency, Medical Marijuana, Trademark Litigation

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