Copyright law protects original works of authorship. Essentially, copyright protection is granted to “content”, which includes everything from photographs, writings, drawings, music, movies, sculptures, architecture, and anything else that is the reuslt of a combination of originality and creativity.
Trademark law protects the brand or identifying mark of a product or service. Whether it is the name of your company, the logo of your products, or the smell of a particular good that is sold, trademark law helps businesses preserve the right to use a particular brand in connection with certain goods and services.
A unique form of intellectual property, trade secrets are not registered and do not require any specific actions Instead, trade secrets are a right that is inherently granted to a company when there is certain information or practices that are not public.
Copyright law is responsible for providing the legal protection to owners of original and creative works of authorship. Whether it be the artwork or design used in connection with the products or services, or the textual content of a flyer, copyright law aims to provide protection to creative elements across a variety of fields of art.
- Literary – poems, books, novels, textbooks, directories, catalogs, advertisements, software
- Visual Arts – pictures, graphics, sculptures, photographs, technical drawings, maps, prints
- Media & Performing Arts – sound, music, scripts, films, videogames, plays, audiovisual works
Protect the value of your company’s brand and products by securing and enforcing the intellectual property that the business uses. Protecting and enforcing your rights to your company’s and product’s brand will help establish the name among consumers.
California’s will soon offer new designation programs for cannabis products:
- Certified Organic Cannabis Certification
- County of Origin Designation
How to best protect the identity of your company, products or services depends on what type of intellectual property the brand arises out of:
- Trade mark
- Service mark
- Trade dress
Only recently emerging from the black market world, the cannabis industry is about to test the waters of legalization. Regardless, in just about every industry and areas of business, there are the few who want to unfairly conduct business. Using state and federal laws, these businesses can quickly be dealt with. By preserving an even playing field between competitors, the consumer is provided with options to choose from and the competing businesses battle to become the consumer’s choice. This naturally leads to improved products, service, prices and availability.
Examples of unfair competition include, but are not limited to actions which potentially harm the consumer as well as competing businesses:
- False Advertising,
- Theft of trade secrets
- Trademark infringement
- Breach of a restrictive covenant