Tectonic Law

Great blog about how to protect the IP of plant genetics relevant to all #cannabisindustry #entreprenuers, and #intellectualproperty attorneys in general. Dale Hunt thank you for posting!

?? Big Congratulations to Activate Performance! ?? We’re thrilled to share that Activate Performance has officially registered their main mark and beautiful logo, with the United States Patent and Trademark Office. This is a huge milestone and a testament to the incredible brand Nancy Chu has built. Dr. Chu's dedication to supporting athletes in delivering top-tier performances continues to set her apart. ?? Dr. Chu, here’s to protecting your unique identity and continuing to inspire and empower others through your work. The future looks brighter than ever for Activate Performance! ?? #TrademarkSuccess #BrandBuilding #ActivatePerformance #MilestoneAchieved #Innovation #Excellence #tectoniclaw Dealing with a trademark issues? Send us a message here and we'll reach out to schedule a free initial consultation: https://lnkd.in/gMeS8W8J Disclaimer: This post may be considered Attorney Advertising. However, it does not constitute legal advice and is intended for informational purposes only.

?? Trademark vs. Trade Name: Don’t Confuse Them! Here’s Why It Matters. ?? ???????????? ???????? A trade name lets you open doors. A trademark locks those doors against competitors. Don’t just name your business—own your brand’s identity. As an #entrepreneur and #innovation leader, you’ve probably heard the terms “trademark” and “trade name” tossed around. But did you know they’re not the same thing—and confusing them could leave your brand exposed? Let’s clear up the legal fog! ?? ??????????????????: ???????? ??????????’?? ?????????? ?????????????????? A trademark protects your brand’s identity—think logos, slogans, or even sounds/colors (yes, really!). It’s what sets you apart in the marketplace in the minds of consumers. Examples: Nike’s swoosh ??♂?, Apple’s bitten apple ??, or McDonald’s “I’m lovin’ it” and associated jingle. ?????????? ????????r: Registration of your trademark with your government's trademark office grants you exclusive rights nationwide (and, a potentially unlimited monopoly). You can more easily stop copycats because no one else can use a similar mark in your industry. ??? ?????????? ????????: ???????? ????????????????’?? “?????????? ????????” A trade name (or DBA—”Doing Business As” of "Fictitious Business Name") is the official name your company uses publicly. It’s like a pseudonym or alias for legal operations. Example: If your LLC is “Smith Enterprises, Inc.” but you operate as “Smith’s Café,” that’s your trade name. ?????? ??????????? Registering a DBA is often required by local government, but it doesn’t grant brand protection. Others can still use the same name elsewhere! ?? ?????? ???????? ???????????? ???????? ?????? ???? ???? ?????????? Assuming your DBA = trademark protection is a costly myth. Even if you’ve registered “Awesome Bakery” as a trade name, someone else could trademark it—and sue YOU for using it! ??? ?????????????? ???????? ?????????? ???????? ?? ?????? - Research First - Check your government's database of existing applications and registrations before adopting a trademark. Also double check existing local DBAs databases. - Register Your Trademark - Secure exclusivity because common law rights are comparatively weak! - Consult a Lawyer - Trademark law is a maze—get expert guidance. Dealing with legal issues? Send us a message here and we'll reach out to schedule a free initial consultation: https://lnkd.in/gMeS8W8J #Trademarks #BrandProtection #BusinessStrategy #LegalTips #Trademarklaw #TectonicLaw DISCLAIMER: This post may be considered Attorney Advertising. However, it does not constitute legal advice and is intended for informational purposes only.

?? ???????????????? ?????? ????'?? Hannah Stitt ???????????? ???? ???????????????? ???????????????????? ?????????????????? ?????????? ????????! ?? We’re honored to be nominated for the Chambers California Spotlight Guide 2025, placing us among the top lawyers and law firms statewide. This recognition reflects our commitment to delivering exceptional legal services and the trust our clients place in us. ???????? ???? ?????? ?????????????????? ??????????? The Chambers Spotlight Guide highlights small and mid-sized law firms excelling in sophisticated legal work. It focuses on firms offering partner-level attention, regional expertise, and cost-effective solutions, making it a valuable resource for clients seeking top-tier legal talent. ?????????? ???????????????? Chambers and Partners is the longest-running legal guide, known for its rigorous research process, including client feedback and independent market analysis. The official rankings will be released in April 2025, and we’re proud to be part of this prestigious recognition. The Firm sincerely believes in punching above its weight and providing high-quality assistance to each of our clients, so we are incredibly happy to see our efforts bear fruit. Congratulations also to STLG Law Firm and Founder Soody Tronson for being ranked in the same category! Your achievements inspire us. Thank you to our clients, colleagues, and Chambers for this incredible honor. Here’s to continued excellence! Dealing with legal issues? Send us a message here and we'll reach out to schedule a free initial consultation: https://lnkd.in/gMeS8W8J #ChambersRanked #LegalExcellence #IPLaw #TectonicLaw #SpotlightGuide2025 #CaliforniaLaw #STLGLawFirm DISCLAIMER: This post may be considered Attorney Advertising. However, it does not constitute legal advice and is intended for informational purposes only.

On January 23, 2025, the new Trump Administration issued an Executive Order requiring "the Department of the Treasury, the Department of Justice, the Securities and Exchange Commission, and others to . . . identify all regulations, guidance documents, orders, or other items that affect the digital asset sector" as well as to recommend "whether each identified regulation, guidance document, order, or other item should be rescinded or modified, or, for items other than regulations, adopted in a regulation." The mandate must be met before the end of March 2025. ?????? ?????????? ???? ???? ?????????????????? ?????????? ???????????????? ???? ?????? ?????????????? ?????????? ??????????—???????? ???? ?? ?????????? ??????. ?? After years of navigating an ever-changing patchwork of regulations and engaging in time-consuming (and costly) legal analyses, we finally have a chance at regulatory clarity. No more guessing games, conflicting agency interpretations, or uncertainty around enforcement. This Executive Order signals a potential turning point: ?? ?????????????????????? ???????????????????? ?????????????? – Businesses can focus on innovation rather than spending excessive resources on regulatory uncertainty. ?? ?????????????? ?????????? ?????????? – Companies, both large and small, will benefit from clearer guidelines, reducing the need for extensive legal reviews and risk assessments. ?? ?? ???????? ????????????????-???????????????? ?????????????????????? – With regulatory consolidation on the horizon, the U.S. could emerge as a more attractive hub for crypto and fintech enterprises. Of course, the timeline is ambitious—?????????? ???????? ???????? ???????????? ??????????????, and it remains to be seen how agencies will respond. But for now, let’s take a moment to celebrate the prospect of a more predictable and innovation-friendly environment in the digital asset space. ?? ?????? ???? ?????? ???????? ???? ????????????. If you're an entrepreneur, investor, or legal professional in this space, let’s collaborate and ensure our voices are heard during this critical period of regulatory review. Reach out, share your thoughts, and let's work together to shape a future where innovation and compliance go hand in hand. Here’s to a future with less legal uncertainty and ???????? ?????????????????????????? ???? ??????????. ?? #Crypto #DigitalAssets #Cryptoinvesting #Innovation #Regulation #IntellectualProperty #tectoniclaw Read the full Executive Order here: https://lnkd.in/gGm2rkrt

Announcing a great new product by StandardC!

Tectonic Law is pleased to see that Ross Ulbricht has been released from prison—an outcome long overdue, even if it comes from a controversial source, such as a pardon. Our founding attorney, Hannah Stitt, addressed the due process violations and broader implications of Ulbricht's case, as well as the intersection of blockchain, regulation, and equity, in the presentation Using Blockchain to Build a Decentralized, Self-Regulating, and Equitable Cannabis Economy at the Practicing Law Institute on July 13, 2023. The presentation was created and moderated by Khurshid Khoja, whose work highlights how decentralized technologies can foster fairer, more transparent systems. At Tectonic Law, we share those values. While the uncertain journey under this Administration is only just getting started, last week's news is a reminder that change is possible, even if it takes an unexpected path. #TectonicLaw #RossUlbricht #Decentralization #Equity #IntellectualProperty #AttorneyEthics #Cryptocurrency #Blockchain

?? A Win for Immigrants and Cannabis Amid H-1B Challenges ?? As debates around the H-1B visa program intensify, a federal court recently ruled in favor of Ameya Vinayak Pethe, a skilled software engineer from India, after USCIS wrongfully denied his H-1B visa amendment. Pethe’s employer, Treez Inc., a tech company supporting state-legal cannabis businesses, challenged the denial, which claimed his work “aided and abetted” a federally illegal industry. The court called the denial “arbitrary and capricious,” affirming that providing tech solutions to lawful, state-regulated businesses does not violate federal law. Judge Richard Seeborg emphasized that Pethe’s role, focused on software development, was too removed from third-party activities to justify such a denial. Why This Matters Now: ? The ruling highlights the critical role immigrants play in driving innovation during a time when the H-1B program is under intense scrutiny. ? Fair treatment of skilled immigrants is essential for sustaining economic growth and fostering progress in emerging industries. ? The ruling sets a clear precedent that companies serving state-legal cannabis businesses deserve fair treatment. ? Companies like Treez set an example by standing up for their employees and ensuring fairness in the system. This decision is a reminder of the value immigrants bring to the U.S. workforce and the importance of protecting opportunities for global talent amid evolving policy discussions. Thank you Davis Wright Tremaine LLP and Treez Inc. for setting this crucial precedent and instilling hope in the countless talented and dedicated individuals aspiring to build a future in the US. Read this wonderful Cannabis Business Times article for more information on this case: https://lnkd.in/g2p5qt6t #H1B #Immigration #Innovation #Justice #Fairness

???? Trademarking Chinese & Vietnamese Brand Names in the U.S.: What You Need to Know ?? If you're thinking about launching a restaurant or brand in the U.S. with a Chinese or Vietnamese name, here's a quick rundown of what you should keep in mind when it comes to #trademark protection: ?????????????? ??????????: Yes, you can trademark Chinese names in the U.S., but they have to be registered as design marks (not standard word marks). You’ll need to provide a transliteration (how it sounds in English) and either a translation or a note saying the characters don't have a direct meaning. For example, a famous Chinese brand like Tong Ren Tang did this with their trademark. ???????????????????? ??????????: Vietnamese names using Latin characters can be trademarked as regular word marks, but keep an eye on those diacritical marks (like accents and tones). Some diacritics aren’t recognized by the USPTO, which might mean you have to register your name as a design mark if it includes certain characters. ?????????????????? ???????????????????????? ????????????: Just because a name is popular or registered abroad doesn’t mean it's safe to use in the U.S. Trademark protection is territorial, so make sure to search the USPTO database and consult with a trademark attorney before going all in on a name. Even if your inspiration is a pho shop in Ho Chi Minh City, someone in the U.S. might already have a similar name. Better safe than sorry! ?? Thinking about trademarking a brand with a Chinese or Vietnamese name? Make sure you’re doing your due diligence to avoid legal headaches down the road. ?? Thank you Harris Sliwoski LLP for highlighting trademark laws that provide Vietnamese and Chinese brands the choice to launch their brands in the language they prefer in this wonderful article: https://lnkd.in/gDVTWnRR

?? Navigating the Challenges of Copyright Management ???? #Copyright is often viewed through a romantic lens—think music, literature, and art—but the reality of managing it, especially across borders, is far more complex. ?? What makes copyright so tricky? Here are a few key points: 1. Different Countries Create Different Challenges: Each country, based on its history of #intellectualproperty protection, varies in the strength and focus of its laws. For example, US #copyrightlaw focuses on exploitation rights and financials, while its European counterparts prioritize authors' rights, giving creators more direct control over their work. These differences can make managing copyrights across regions a real headache. ???? ???? 2. Proving Ownership is Tough: The #iplaw case of ?????????????? ????. ?????????? ?????????????? ?????????????? proves just how critical it is to have solid documentation when defending your copyright. Despite having his photo registered, photographer Jonathan Mannion lacked the necessary documents to prove ownership, resulting in a lengthy legal battle with the American brewery giant. So, how can IP professionals stay on top of this? Three words: IP Management Software (IPMS). A solid IPMS can help track copyrights, store important documentation, and manage deadlines—especially when you need to navigate the maze of global #IPlaw. In the end, managing copyright isn’t just about protecting creative work; it’s about keeping organized and prepared to defend those rights when necessary. ?? A big thank you to Questel for highlighting the importance of maintaining documentation for your copyrights: https://lnkd.in/giB8amHe