Wine Trademarks: Rights Can Only be Established by "Lawful" Use

One of the basic tenets of U.S. trademark law is that trademark rights may only be established upon use of a trademark in commerce.  Whether the rights are established at common law, or whether a federal trademark application has been filed based on current use or intended use, trademark rights cannot attach until the trademark […]

Vineyard Property:The Not So Common Sense of Preventing Prescriptive Easments – Part II

This is the second part of a two part post discussing prescriptive easements. Last time we talked about how one of two neighbors (“Joe”) should be careful not to compromise or lose his claim to a prescriptive easement to continue using a road on his neighbor’s (“Jane’s”) property by using not so common, common sense. This time […]

Vineyard Property: The Not So Common Sense of Prescriptive Easements – Part I

This is the first part of a two part post discussing prescriptive easements. Common sense – that’s what guides most of us, most of the time, and that’s a good thing. However, when it comes to protecting property rights, common sense solutions can sometimes be dangerous. This is because some rules of property law are counterintuitive, […]

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