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Browse below for news, legal insights, information on presentations and events, and other resources from the Weintraub Tobin legal team.

Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers

Published: February 17, 2022


The IP Law Blog

In what could be one of the biggest NFT cases to arise so far, Nike has sued resale marketplace StockX for trademark infringement in the Southern District of New York, claiming that StockX is selling NFTs that display Nike’s trademarks without Nike’s permission. In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” The collection consists entirely of allegedly unauthorized images of Nike sneakers. According to Nike, that’s because StockX is using Nike’s reputation and popularity to increase its sales. Specifically, Nike alleges that “Recognizing firsthand the immense value of Nike’s brands, StockX has chosen to compete in the NFT market not by taking the time to develop its own intellectual property rights, but rather by blatantly freeriding, almost exclusively, on the back of Nike’s famous trademarks and associated goodwill.”

WT Deals: Signature Healthcare Behavioral Health Hospital

Published: February 8, 2022

Jeanne Vance assisted with licensing for Signature Healthcare Services as they expanded into the Sacramento region with the Sacramento Behavioral Health Hospital. The 117-bed facility is the first acute psychiatric hospital to be licensed in California in 30 years.

The hospital began accepting patients in December, but it is still adding staff and medical personnel. At full capacity, the facility will have 375-plus employees and providers.

More information can be found in the Sacramento Bee, here. (paywall)

COVID-19 Commercial Tenant Eviction Update

Published: February 4, 2022

by Mark E. Ellinghouse
Real Estate Legal Updates

As March approaches, we are poised to hit the two-year anniversary of California’s March 4, 2020, State of Emergency Proclamation relating to the COVID-19 health crisis. In the months that followed, we watched federal, state, and local governments adopt myriad laws, rules, emergency orders, proclamations, declarations, ordinances, and mandates, creating a patchwork of rules and regulations for commercial real estate that defied generalization or statewide compliance practices. The market may never look exactly like it did before COVID-19 (note our last article: to-go alcoholic drinks are here to stay!). As concern over the virus appears to be waning, we are seeing jurisdictions generally, but not uniformly, remove their COVID-19 commercial tenant eviction protections*. We therefore thought it would be appropriate to highlight a few of the notable policies which are in effect in some of California’s markets. Of course, most of the rules listed below have exceptions, and exceptions to the exceptions, so please consult your local laws (or counsel) before proceeding.

Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes

Published: February 3, 2022

by Scott M. Hervey
The IP Law Blog

INTERPROFESSION DU GRUYÈRE, et al., v. U.S. DAIRY EXPORT COUNCIL, et al., twas all about exclusive right to control the use of Gruyere for cheeses in the US.  This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark  GRUYERE.  A certification mark is used to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.  So, for example, the mark ROQUEFORT is used to certify cheese that comes from a specific municipality in France; UL or Underwriters Laboratories certifies, among other things, representative samplings of electrical equipment meeting certain safety standard.

Weintraub Tobin Managing Shareholder Gary Bradus Named a Most Admired CEO

Published: February 2, 2022

Weintraub Tobin is pleased to announce that Managing Shareholder Gary L. Bradus has been recognized as a 2022 Most Admired CEO by the Sacramento Business Journal.

As Managing Shareholder/CEO of Weintraub, Gary coordinates Firm leadership while managing a high-level corporate and banking legal practice.  Along with the Firm’s executive board, he has steered Weintraub through the many phases of the COVID-19 pandemic.