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Trademark Law Archives

Trademark lawsuit targets THC-infused Sour Patch Kids copy

A lawsuit that started in California in the middle of July targets a brand called Stoney Patch. The company makes gummy candies that are infused with THC. While making edible marijuana-based products is nothing new, the lawsuit alleges that the company essentially copied the popular Sour Patch Kids, which are a gummy candy aimed at children.

Why branding really matters

Your company is more than the people you employ or the goods and services that you offer. It's all based around your brand. For better or worse, the type of branding that you do defines the business and can determine how much success you have.

Why would you trademark a sound?

Trademark laws exist to help you protect things that are important to your business. Often they identify that business to your potential customers. That's why you trademark a logo, for instance. You want customers to instantly connect it with your brand, and you do not want another company to use it and benefit from your reputation.

Advice for writing a 'cease-and-desist' letter

When you discover that someone is infringing on your trademark and using your brand identity for profit and gain, it's time to draft a cease-and-desist letter. Your cease-and-desist letter is a carefully written piece of communication that needs to be written the right way to have the desired effect.

What's involved in securing a trademark?

Establishing a trademark is essential for your brand because it will prevent others from hijacking your name and image, and thereby prevent others from stealing your customer base and hurting your business profits. In order to set up the trademark for your business in a legally appropriate way, you may want to work with a California attorney who is familiar with this area of the law.

How do you get a trademark or service mark in California?

The secretary of state's office is in charge of maintaining and registering trademarks and service marks in the state of California. The provisions that apply to trademarks and service marks are located in the Model State Trademark Law, which is found in the California Business and Professions Code.

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