Author: Gene Markin
Next steps after approved applications for New Jersey cannabis businesses
Posted in Cannabis Law
If your conditional, conversion, microbusiness, or annual application has been approved by the Cannabis Regulatory Commission, congratulations! You have cleared the first major hurdle in obtaining a cannabis license in New Jersey. As advisors and legal counsel to a handful of successful applicants who have obtained conditional and annual approvals… Continue reading
The Trademark Blues: TTAB Proceedings Do Not Preclude Subsequent Infringement Lawsuits
Posted in Intellectual Property
Beasley. v. Howard is a tale of two musicians fighting over the rights to their band name. 14 F.4th 226 (3d Cir. 2021). In 1969, David Beasley (“Beasley”) founded the Camden, New Jersey-based band “The Ebonys.” Throughout the 1970s, the Ebonys achieved some commercial success and have continued to perform… Continue reading
Metes & Bounds: What Are the Typical Zoning Conditions and Restrictions Enacted by Municipalities Allowing Cannabis Operations in Their Towns?
Posted in Cannabis Law
As towns and municipalities scrambled to meet the August 22nd deadline to regulate or prohibit marijuana establishments within their borders, a few noticeable trends emerged. As expected, many townships, including Freehold, Morristown, Franklin Lakes, Cherry Hill, Asbury Park, Haddonfield, and Ocean City, prohibited any and all marijuana businesses and operations… Continue reading
Architectural Copyrights: No Need to Pay the Troll Toll
Posted in Intellectual Property
Intellectual property is a right enshrined in our very Constitution, which grants Congress the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”[1] Congress has made use of that power by… Continue reading
Growing Gold: Now that New Jersey Legalized Marijuana for Adult Use Here’s What You Need to Know About Winning A License
Posted in Cannabis Law
Home to nearly 9 million people, New Jersey is now the epicenter of the green rush hitting the East Coast. Investors, businesspeople, professionals, operators, pharmacists, doctors, and entrepreneurs have their sights set on what is predicted to be a billion-dollar adult use industry in the Garden State. Easily accessible to… Continue reading
Applicant Comes Up Short in Rejected “Trump Too Small” Trademark Application
Posted in Intellectual Property
Love him or hate him, Donald Trump has something a lot of people want – a household name. That is why some try to capitalize on the Trump name by incorporating it into a slogan or saying in an attempt to obtain a federal trademark registration. The Trademark Trial and… Continue reading
Has Google Become a Generic Mark?
Posted in Business & Commercial Law
Courts recognize four trademark categories within which every mark must fall: (1) Generic marks, (2) Descriptive marks, (3) Suggestive marks, and (4) Arbitrary or Fanciful marks.[i] At the far end on the spectrum, warranting the greatest level of trademark protection, stands arbitrary or fanciful marks—those words which offer no inherent… Continue reading
Triggering the Protections of the Consumer Fraud Act with Breach of Contract
Posted in Construction Litigation
You hire an architect to prepare plans for the construction of a new home and a developer to execute those plans and physically construct the home. The plans require the testing of the underlying soil to confirm that the bearing capacity of the soil is adequate to support the weight… Continue reading
Insurers of General Contractors Can No Longer Hide Behind Business Risk in Refusing to Defend Their Insureds in Construction Defect Litigation
Posted in Community Associations, Construction Litigation
Generally speaking, a contractor’s commercial general liability (“CGL”) policy is designed to cover personal injury or property damage caused by an accident resulting from the contractor’s work. The policy is not meant to be a guarantee of the contractor’s work and therefore does not cover damages to the work itself… Continue reading
