Josh H. Escovedo

Senior Attorney


Experience

Josh is an experienced trial attorney and a member of the firm’s litigation, intellectual property, and real estate practice groups. While Josh is based in the Sacramento office, he serves various clients throughout the State of California and across the United States.

Josh maintains a general litigation practice, with a particular emphasis on disputes involving real property and intellectual property (specifically, trademark and copyright). In addition to those two practice areas, Josh handles a broad range of commercial litigation matters for clients in various industries, including, but not limited to, hospitality, real estate, sports and entertainment, agriculture, and construction.

In addition to Josh’s litigation practice, Josh assists clients with trademark and copyright clearance, registration, licensing, and enforcement. As a result, Josh has extensive experience dealing with the United States Patent and Trademark Office and the United States Copyright Office. Josh has also successfully handled various matters before the Trademark Trial and Appeal Board.

 

Meritas Young Lawyer Advisory Board
Board Member

Sacramento County Bar Association, Litigation Section
Member

Sacramento County Bar Association, Intellectual Property Section Board of Directors
Vice President

American Bar Association, Real Property, Litigation Section, Young Lawyers Division
Member

The Bar Association of San Francisco
Member

Meritas, Sacramento
Member

Friends of Front Street Shelter, Inc.
Board Member

 

Awards

Karen Dorey Award, 2012

Northern California Super Lawyers – Rising Star, 2017 – 2020

Sacramento Magazine’s Top Lawyers List, 2018 & 2019 – Litigation: Intellectual Property

JD Supra 2019-2020 Readers’ Choice Top Author Award – Trademarks

JD Supra Readers Choice Top Author 2019

J.D., University of California, Los Angeles, School of Law, 2012

B.A., California State University, Fresno, 2009

President’s List, 2007-2009; The Honor Society of Phi Kappa Phi; Golden Key International Honor Society

Webinar: Up in Smoke – Navigating the Conflict Between State Law and Federal Law Concerning Cannabis Products While Advising Clients on IP Matters

Weintraub attorney Josh Escovedo is presenting this webinar by Meritas. Summary: With the legalization of cannabis in various states, but the continued classification of cannabis as a controlled substance under federal law,

Read More

Advanced Business Contracts: Secrets Only the Top Attorneys Know

  On Friday, August 23, Weintraub attorneys Josh Escovedo and Justin Borrowdale will speak at a National Business Institute (NBI) seminar titled Identify Concealed Risk and Strategically Negotiate Liability. NBI Program Description Go beyond the “nuts and bolts”

Read More

Sands Through the Hour Glass: Wage and Hour Update

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

Read More

Even Keanu Can’t Figure It Out: The Leave Law Matrix

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging.  California has a paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.

Read More

Guardians at the Gate: Properly Trained Managers are Your First Line of Defense

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.

Read More

Conducting Effective Workplace Investigations

Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Vida Thomas and Lizbeth West) for this one-day, in-depth training on conducting effective workplace investigations: The legal duty to investigate Selecting the right investigator Recognizing your own biases Conducting effective witness interviews Writing the investigation report Seminar Program 8:30 am –

Read More

Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,

Read More

Mandatory AB 1825 Sexual Harassment Prevention Training

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like: An overview of sexual harassment laws Examples of conduct that constitute sexual harassment Lawful supervisory responses to complaints of harassment in the workplace Strategies to prevent harassment in the workplace Training on prevention of “abusive conduct”

Read More

Ramps, Dogs and Horses: Discrimination and Accommodation of Employees, Customers and Third-Parties

Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability,

Read More

The Good, The Bad and The Ugly: Documentation in the Workplace

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation.

Read More

Tips and Traps When Hiring and Firing Employees

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations.

Read More

Your Greatest Asset or Worst Liability: Your Employee Handbook (San Francisco Seminar)

Summary of Program Employee handbooks are essential for employers in today’s litigious environment. A carefully prepared, up-to-date, and customized handbook can be an employer’s biggest weapon against labor and employment litigation if properly used.

Read More

To Tweet or Not to Tweet? The Constantly Developing Landscape of Social Media in the Workplace

Summary of Program Companies and their employees widely use social media in their daily business activities.  These networking sites are used by employees to communicate with one another as well as current and potential customers.  

Read More

A Healthy Workplace is a Safe Workplace: Addressing Bullying, Threats and Violence

Federal and state OSHA laws protect California workers from unsafe working conditions.  However, the federal and state statutes and regulations are complex and can be difficult to understand.  This seminar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in maintaining compliance. 

Read More

Mandatory AB 1825 Sexual Harassment Prevention Training

  Summary of Program: The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations,

Read More

Upcoming Webinar: Say It’s So, Doesn’t Make it So: Independent Contractor v. Employee Status

Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

Read More

From A to Z, Alphabet Soup of Leave Laws (Newport Beach)

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.

Read More

From A to Z, The Alphabet Soup of Leave Laws (Sacramento)

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.

Read More

Well Trained Supervisors: Your First Line of Defense (Sacramento)

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.

Read More

Well Trained Supervisors: Your First Line of Defense (San Francisco)

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.

Read More

New Release: 2015 Labor & Employment Seminars & Training Schedule

  Click here for 2015 Labor & Employment Seminars & Training Schedule. For more information on our Labor & Employment Seminars and Training, please contact Ramona Carrillo at [email protected]  

Read More

Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Newport Beach)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.

Read More

Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (San Francisco)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.

Read More

Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Sacramento)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.

Read More

Mandatory AB 1825 Sexual Harassment Prevention Training

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. Program Highlights The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulation,

Read More

The World of Accommodations: Disabled Employees and Customers

Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is beacuse of an employee’s disability,

Read More

Creating a Healthy Workplace: OSHA, IIPP and Workplace Violence

Download: OSHA Flyer.pdf Summary of Program Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.

Read More

The Intricacies of Wage and Hour Laws for Non-Exempt Employees

Download: Flyer. Intricacies of Wage and Hour Laws for Non-Exempt Employees.PDF Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

Read More

Independent Contractor v. Employee – ”Saying It’s So, Doesn’t Make it So”

Download: Flyer – Independent Contractor v. Employee (1780262).PDF Summary of Webinar The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

Read More

Josh Escovedo in Law360: Ex-Hemp Co. CEO Accused of Selling Secret Strain for $3.8M

Law360’s recent article Ex-Hemp Co. CEO Accused Of Selling Secret Strain For $3.8M  details legal action by Josh H. Escovedo on behalf of Weintraub client Big Wuf Enterprises LLC.  Big Wuf,

Read More

Josh Escovedo in the Sacramento Business Journal: Holding Back The Flood

Josh Escovedo is quoted in a recent Sacramento Business Journal article titled Holding Back The Flood.  The article explains how commercial evictions and lawsuits are inevitable unless Congress acts soon to help businesses.

Read More

36 Weintraub Tobin Attorneys Named to 2020 Northern California Super Lawyers and Rising Stars Lists; Retain Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 36 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition,

Read More

WT Clients: Josh Escovedo And Darrin Menezes Resolve 6-Figure Dispute Between Multi-National Companies

Weintraub Attorneys Josh Escovedo and Darrin Menezes recently represented a multi-national Israeli corporation against a San Francisco-based subsidiary of a multi-national Czech conglomerate and obtained a substantial six-figure settlement immediately after filing the complaint despite the existence of a limitation of liability provision.

Read More

Josh Escovedo Recognized as a Top Trademarks Author in JD Supra Readers’ Choice Awards 2020

SACRAMENTO, CA (April 29, 2020) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that, for the second year in a row, Josh Escovedo has been named a top Trademarks author in the JD Supra Readers’

Read More

Commercial Eviction Moratoriums in California and Other Real Estate Issues Arising From the COVID-19 Pandemic

As a result of the ongoing COVID-19 pandemic, on March 16, 2020, Governor Newsom issued an executive order authorizing local governments to halt evictions, slow foreclosures, and protect against utility shutoffs.

Read More

Josh Escovedo Respresenting Friends With Benedicts in Ongoing Dispute

Josh Escovedo is quoted in the following article about the ongoing dispute between two popular Sacramento area breakfast restaurants. You can read the article here.

Read More

31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition,

Read More

24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019

  Weintraub is pleased to announce that 24 of the firm’s attorneys have been recognized as 2019 Top Lawyers by Sacramento Magazine.  The full list of 2019 Top Lawyers will be featured in the August,

Read More

Josh Escovedo Recognized as a Top Trademarks Author in JD Supra 2019 Readers’ Choice Awards

  Weintraub is pleased to announce that Josh H. Escovedo has been named a Top Author, for the topic of trademarks, in the JD Supra 2019 Reader’s Choice Awards. Josh Escovedo practices in Weintraub’s Litigation and Intellectual Property sections.  

Read More

Weintraub Represents Sacramento Restaurateur in Dispute with National Restaurant Chain

Weintraub litigators were in the news this week as their client, local restaurant owner Jared Katzenbarger, filed suit against Dickey’s Barbecue Restaurants, Inc. The lawsuit is in response to Dickey’s demand that Mr.

Read More

24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018

SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &

Read More

37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

Read More

Josh Escovedo featured in Sacramento Business Journal

Litigation Attorney Josh Escovedo was featured in an article in the Sacramento Business Journal in which he weighed in on The Mimosa House’s suit against Eliud Moreno and EO United LLC,

Read More

Save The Date: Weintraub Tobin’s Employment Law Update

  Tuesday, January 9, 2018 | Sacramento, CA (Session 1) Wednesday, January 10, 2018 | Sacramento, CA (Session 2) Wednesday, January 10, 2018 | San Francisco, CA Additional information and details for each session will be available December 8,

Read More

36 Weintraub Tobin Attorneys Named Among 2017 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

Read More

Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,

Read More

Dogs, Whiskey, and Intellectual Property: Need I Say More?

Jack Daniel’s Properties, Inc. has petitioned the Supreme Court of the United States for certiorari following an unfavorable ruling from the Ninth Circuit in the matter of VIP Products LLC v.

Read More

Empire Copyright Litigation

Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss the copyright dispute over the TV show “Empire,” Jon Astor-White v. Daniel Strong.

Read More

9th Circuit Provides Clear Copyright Guidance for Producers of Bio Pics

In this episode of The Briefing by the IP Law Blog, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss copyright litigation around the “Jersey Boys” — a musical and movie about The Four Seasons–

Read More

The Second Circuit Vacates Tiffany & Co.’s $21 Million Judgment for Trademark Infringement and Counterfeiting Against Costco

Almost five years ago, I wrote an article published in the Daily Recorder about a ruling in the Tiffany & Co. v. Costco Wholesale Corporation case filed in the United States District Court for the Southern District of New York.

Read More

Sushi Restaurants Battle for Control Over Hand Roll Trademark

Sushi Nozawa, LLC, owner of the popular sushi destination Sugarfish, is challenging the HRB Experience LLC over use of the term “Hand Roll Bar.” IP Attorneys Scott Hervey and Josh Escovedo discuss the lawsuit,

Read More

After Nearly 30 Years of Controversy, the Washington Redskins Will Retire the Redskins Team Name and Trademark

On Monday, July 13, 2020, the ownership group of the Washington Redskins (the “Team”) announced that it will abandon the Redskins team name after nearly 30 years of controversy. The decision,

Read More

Navigating the Hazy Intersection of Federal and State Law on Cannibis and Advising Clients on Protecting Their Trademarks

What was once illegal is now a thriving industry. That’s right—I’m talking about cannabis. But my initial statement isn’t entirely accurate. Although Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon,

Read More

The Ninth Circuit Affirms Ruling that COMIC-CON isn’t Generic for Comic Conventions

The battle started almost six years ago. A Utah-based company known as Dan Farr Productions (“DFP”) decided to use San Diego Comic Convention’s (“SDCC”) registered trademark COMIC-CON in conjunction with its own comic and popular arts convention,

Read More

SCOTUS Considers Whether Adding a Top-Level Domain Makes a Generic Term a Protectable Trademark

On Monday, May 4, 2020, the Supreme Court of the United States heard oral argument in United States Patent and Trademark Office v. Booking.com, B.V.  For the first time in the history of the Court,

Read More

SCOTUS Rules That North Carolina is Protected from Copyright Infringement Claims by Sovereign Immunity

The Supreme Court of the United States has held that the state government is free to infringe copyrights without fear of retribution. In Allen v. Cooper, the Supreme Court decided whether the state of North Carolina could be held liable under the Copyright Act for infringing filmmaker Frederick Allen’s copyright relating to Queen Anne’s Revenge.

Read More

Commercial Eviction Moratoriums in California and Other Real Estate Issues Arising From the COVID-19 Pandemic

As a result of the ongoing COVID-19 pandemic, on March 16, 2020, Governor Newsom issued an executive order authorizing local governments to halt evictions, slow foreclosures, and protect against utility shutoffs.

Read More

Lil Nas X Takes His Horse to the Old Town Road and Moves to Dismiss Producers’ Copyright Infringement Action Concerning “Rodeo”

Lil Nas X broke onto the scene in spectacular fashion when he released the viral sensation “Old Town Road,” featuring Billy Ray Cyrus. Old Town Road broke the prior record for most consecutive weeks at No.

Read More

Disney Seeks to Stop the Rise of Infringing Baby Yoda Goods on Etsy

When Disney chose to delay the production and release of merchandise related to The Child—commonly referred to as Baby Yoda—from its hit series, The Mandalorian, it created a significant opportunity for unlicensed fans to create and sell such merchandise.

Read More

OK, BOOMER: Fox Media Seeks Registration of the Viral Phrase From the USPTO

If you’re plugged into the digital world and its constantly emerging meme trends, you’ve probably encountered various “OK, Boomer” memes by now. If you’re unfamiliar with the trend, here is a brief synopsis.

Read More

Counterculturalist Banksy to Defend His Intellectual Property in a European Cancellation Proceeding

If you’re familiar with Banksy, you know he’s the epitome of counterculturalism. For those of you who aren’t familiar with Banksy, he is an anonymous England-based street artist, vandal, political activist,

Read More

Time to Get Down to Business: Change in Eviction Notice Requirements Now in Effect

  By Mark E. Ellinghouse & Josh H. Escovedo   As you may know, late last year, California Governor Jerry Brown signed Assembly Bill 2343, which changes the long-standing notice requirements that apply before a landlord can pursue an unlawful detainer action against a tenant who has violated its lease.

Read More

The USPTO Denies Tom Brady’s Application to Register TOM TERRIFIC

The USPTO recently refused legendary quarterback Tom Brady’s application to register the mark TOM TERRIFIC. If you’re like me, you’re wondering why Tom Brady would want to register such a trademark.

Read More

Goodbye Majestic Yosemite Hotel, Welcome Back Ahwahnee Hotel

A few years ago, when the concessionaire for Yosemite National Park (the “Park”), Delaware North, was informed that the Park planned to consider other concessionaires, such as Aramark, Delaware North responded in shocking fashion.

Read More

Although the Battle of King’s Landing is Over and the Game of Thrones has Ended, the War to Protect HBO’s Intellectual Property Rages on

If your heart is beating and your lungs are taking in oxygen, you know that Game of Thrones recently reached its epic conclusion. It’s sad, but true. After eight glorious seasons,

Read More

Allegiant Airlines Tips its Hand Regarding Las Vegas Stadium Rights

If you’re a fan of branding and sports, you may have wondered who will affix their name to the Raiders’ new stadium in Las Vegas. The construction is underway, but the team has yet to announce whose name the stadium will bear.

Read More

TRUE STONE v. KEYSTONE: Stone Brewing’s Motion for Preliminary Injunction is Denied, but the Court’s Ruling Indicates a Finding of Infringement Against MillerCoors is Likely.

On February 12, 2018, Stone Brewing, arguably the most well-known craft brewer, filed a complaint against MillerCoors LLC, the multinational beer conglomerate, for trademark infringement. Specifically, Stone Brewing alleges that, in April 2017,

Read More

SCOTUS to Decide if Trademark Licensees Lose Their Rights When the Licensor Becomes Insolvent

The Supreme Court has granted review in the matter known as Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, where it will decide whether a licensee loses its right to use a licensed trademark if the licensor files bankruptcy and the bankruptcy trustee chooses to reject the licensor’s license agreement.

Read More

Fresh Prince’s Alfonso Ribiero Denied Copyright Registration for the Carlton Dance

As we previously wrote on this blog, Alfonso Ribiero, better known as Carlton Banks from the Fresh Prince of Bel Air filed suit against multiple videogame publishers, including the publisher of NBA 2K and Fortnite for featuring avatars that perform his signature “Carlton Dance.” Ribiero’s case,

Read More

Unprotectable Generic Trademarks + Top-Level Domains = Protectable Trademarks

Generic trademarks are those which, due to their popularity and/or common usage, have become synonymous with the products or services. Such trademarks include Kleenex, Band-Aid, Jeep, Aspirin, and Cellophane. Such marks,

Read More

Consumers Have Standing to Challenge Trademark Registrations

The Trademark Trial and Appeals Board recently issued an interesting decision regarding standing to oppose the registration of trademark applications. United Trademark Holdings, Inc. filed for registration of the mark RAPUNZEL for use in conjunction with dolls and toy figures.

Read More

Amarillo Natives Hold San Diego Padres’ Double A Affiliate Team Name Hostage

The San Diego Padres recently took control of the Amarillo minor league baseball organization. The organization will serve at the Padres’ Double A affiliate. In the spirit of new beginnings, the organization recently held a public naming contest to determine its new mascot.

Read More

SCOTUS Will Decide What the Copyright Act Means by “Registered.”

Any work that is entitled to copyright protection automatically receives protection when it is fixed in a tangible medium of expression. However, in order to benefit from the Copyright Act, the owner must “register” his or her work with the United States Copyright Office.

Read More

Procter & Gamble Seeks to Register Text Message Lingo Such as LOL and WTF

Procter & Gamble, the international consumer packaged goods conglomerate, recently filed a slew of trademark applications with the United States Patent and Trademark Office, seeking to register WTF, LOL, FML, and NBD for use in conjunction with certain consumer goods.

Read More

Conor McGregor Returns to Combat in the Intellectual Property Arena

Conor McGregor doesn’t back down to anyone. He knocked out the once unbeatable Jose Aldo in 13 seconds. He was the first UFC fighter to simultaneously hold titles in two different weight divisions.

Read More

The Process: Who Does it Really Belong to?

A few years ago, before the 76ers returned to playoff glory, the NBA’s Philadelphia 76ers’ ownership and front office began utilizing the phrase “Trust the Process” to represent their journey back to the top.

Read More

No More Monkey Business: The Ninth Circuit Finds Monkeys Cannot Sue for Copyright Infringement

The Ninth Circuit was recently faced with a novel issue: Does a crested macaque, or generally speaking, a monkey, have the right to sue humans, corporations, and companies for damages and injunctive relief arising from claims of copyright infringement?

Read More

LegalZoom Allegedly Engages in the Unauthorized Practice of Trademark Law

According to a complaint filed in the United States District Court for the Northern District of California by California law firm LegalForce RAPC Worldwide, LegalZoom engages in the unauthorized practice of law when its non-attorneys instruct customers on how to register trademarks.

Read More

Stone Brewing Fires the Shot Heard Round the Brewing World

The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace.

Read More

Google May be a Verb, but Verb Use Alone Does Not Constitute Genericness

Just Google it. Can you Google the score? Have you Googled the restaurant’s reviews? These are all common phrases in today’s internet-reliant society, and it’s entirely due to the creation of Google and its widespread success.

Read More

Bridgestone Brands, LLC v. Firestone Public House, LLC: Battle of the Brands

Just over two months ago, Sacramento’s beloved Firestone Public House was sued by multinational conglomerate Bridgestone Brands, LLC for trademark infringement, trademark dilution, and unfair competition based upon Firestone’s use of the FIRESTONE mark.

Read More

The First Amendment Protects the Trademark Registrability of THE SLANTS and THE WASHINGTON REDSKINS Irrespective of Political Correctness.

In 2014, the Washington Redskins lost a battle before the Trademark Trial and Appeal Board (“TTAB”) where the petitioner, a group of Native American activists, sought cancellation of the “Washington Redskins” trademark,

Read More

Amazon Tips its Hand with New Trademark Application

As you likely know, Amazon is taking the world by storm. Whether it is through its convenient offering of household goods, and pretty much anything else you can imagine, to your door,

Read More

Eagles Ltd. v. Hotel California Baja, LLC: Any Time of Year, You Can Find Infringement Here

Recently, Eagles Ltd. (the “Eagles”), the entity in control of legendary rock band The Eagles’ business affairs, filed a lawsuit against Hotel California Baja, LLC for trademark infringement. While I’m sure most of us are familiar with the Eagles’ song Hotel California,

Read More

Is Marilyn Monroe Too Generic to Be Registered as a Trademark?

I’ve written on numerous occasions in the past about celebrities who registered their own names as trademarks with the United States Patent and Trademark Office. Just the other week, I wrote about how UFC superstar Conor McGregor had filed an application to register his name as a trademark,

Read More

McGregor Files for Trademark for “Conor McGregor” and “The Notorious”

Whether you like him or not, Conor McGregor’s business savvy cannot be disputed. The UFC superstar, in just over year, has become a household name known to people who may not even watch the sport.

Read More

From Rogue One to Forces of Destiny: A Star Wars Intellectual Property Story

With last weekend’s release of Rogue One: A Star Wars Story, Star Wars is once again living and thriving. Rogue One opened with a most impressive $155 million opening in North America,

Read More

Luxo Shuts the Lights Out on Disney’s and Pixar’s Merchandising of Luxo Jr.

It is no secret; the Disney Corporation is a marketing and merchandising powerhouse. It has achieved that reputation by capitalizing on almost every marketing and merchandising opportunity that comes its way.

Read More

The Seattle Seahawks’ 12th Man Flies Again

If you regularly follow our publication, you may remember when I discussed the Seattle Seahawks and their use of the Texas A&M trademark “12TH MAN” over a year ago. If not,

Read More

Kylie Minogue v. Kylie Jenner: A TTAB Clash of Celebrities

Kylie Jenner has finally decided to step out from behind her older sisters and get to work on her own independent ventures. In furtherance of this desire, Ms. Jenner filed numerous federal trademark applications in April and November 2015.

Read More

Disney’s Influence on United States Copyright Law

If you’ve ever applied for, or researched copyright law, you likely learned one thing above all else: it’s not a perpetual right. So, how, you might wonder, have companies like The Walt Disney Company managed to maintain copyrights on certain creations for almost 100 years?

Read More

The Federal Circuit Breathes Life into the Redskins’ Appeal

If you’re a fan of intellectual property or the National Football League, you may have heard about last July’s ruling in the United States District Court for the Eastern District of Virginia.

Read More

The Beef Between In-N-Out Burger and Doordash

Everyone on the West Coast knows In-N-Out Burger. For some of us Californians, the burgers may even be considered a state treasure. Doordash, on the other hand, is much less recognizable.

Read More

Big Beer Mergers, A Sign of Things to Come

By now you’ve undoubtedly heard about Anheuser-Busch InBev’s recent purchase of SABMiller, creating the largest brewery conglomerate in the world. The purchase is but one more in the increasing history of brewery mergers,

Read More

Pacifico Defends its Trademark Rights on Canadian Soil

Another intellectual property dispute has arisen in the brewing industry. This time, however, the battle took place on Canadian soil. British Columbia based Pacific Western Brewing (“PWB”) sued renowned Mexican brewery Cerveceria del Pacifico (“CDP”),

Read More

Does Trump Own “Make America Great Again?”

  As I frequently mention in my articles, trademark law is a much more prevalent part of the average person’s life than they realize. We are surrounded by the trademarks of numerous companies every time that we step outside,

Read More

Tiffany & Company v. Costco Wholesale: Tiffany is far from Generic

On September 9, 2015, the United States District Court for the Southern District of New York ruled that Costco was willfully infringing Tiffany & Co.’s trademarks by selling diamond engagement rings bearing the renowned jewelry retailer’s name.

Read More

Hey, that’s my beer! I think…

In the bustling craft brew economy brewers are faced with new issues every day. One that recently came to my attention arises when the craft brewery’s brewmaster or head brewer decides to either start his own craft brewery,

Read More

Lloyd’s Likeness: A Hat Trick to Superstardom and Mega Endorsements

Unless you have been living under a rock for the last week, you know who Carli Lloyd is. If, however, you do not, she is the reigning World Cup MVP for Team USA.

Read More

California Homegrown: Protect Your Pot!

By: Josh H. Escovedo Let’s face it, we live in a progressive era. Many things that were once taboo in the eyes of the law have become not only socially acceptable,

Read More

The Blurred Lines of an Infringement Action

By Josh Escovedo Many of you may be familiar with the pop hit “Blurred Lines” by Robin Thicke, Clifford Harris, more popularly known as T.I., and Pharrell Williams (the “Composers”). If it does not sound familiar by title,

Read More

IP in the NFL: “I’m Just Here So I Won’t Get Fined,” or Are You?

By Josh Escovedo Just last week, on February 18, 2015, Seattle Seahawks superstar running back Marshawn Lynch (“Lynch”), also known as Beast Mode, filed for a federal trademark with the United States Patent and Trademark Office (“USPTO”) for his now famous quote—“I’M JUST HERE SO I WON’T GET FINED.” For those of you who are not big NFL fans,

Read More

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

By Josh Escovedo Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the circuit split that is developing with respect to the misappropriation of likeness in video games. 

Read More

Electronic Arts and its Disrespect for the Game

By Josh H. Escovedo On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”),

Read More

New Jersey Woman Refuses to “Let It Go.”

By Josh H. Escovedo You don’t have to be a Disney enthusiast like myself to be familiar with its latest blockbuster franchise, Frozen.  To date, the film has grossed over 1.2 billion dollars in worldwide box office revenue,

Read More

Gallo Whines Its Way Into the Tequila Business

By Josh H. Escovedo In the not so distant past, E & J Gallo Winery (“Gallo”) decided that it was not satisfied with only being a player in the wine business. 

Read More

When is Enough Really Enough? The Importance of Experts in Music Copyright Infringement Actions

By Josh H. Escovedo On June 17, 2014, a federal judge in Illinois granted summary judgment to Stefani Joanne Germanotta against plaintiff, Rebecca Francescatti, in a copyright infringement matter because he found that no reasonable trier of fact could find that Ms.

Read More

Google’s Android: Was It Truly The First Generation?

By Josh H. Escovedo With the prevalence of smartphones in today’s society, one cannot help but to have at least heard of Google’s Android operating system.  This operating system came about with the intent of competing with the superpower known as Apple’s iPhone. 

Read More