Weintraub Tobin

Weintraub Tobin is an innovative provider of sophisticated legal services to dynamic businesses and business owners. We have five offices across California: Los Angeles, Newport Beach, Sacramento, San Diego, and San Francisco.

The Standards Board Approved the Updated Cal/OSHA Covid-19 Requirements and Governor Newsom Issued an Executive Order Making Them Effective Note: This post was updated on June 18, 2021. On June 17, 2021, the Cal/OSHA Standards Board voted 5-1 to approve the revised Covid-19 Emergency Temporary Standards (“ETS”) and, as promised, Governor Newsom promptly issued Executive Order No. N-09-21 holding that the new ETS shall not be subject to the regular 10-day approval process by the Office of Administrative Law (OAL) for emergency regulations.  Instead, the new ETS became effective when the OAL filed them with the California Secretary of State…
I’m experiencing déjà vu. I wrote about a similar topic prior to Allegiant Air becoming the official sponsor of the Las Vegas stadium that the Raiders now call home. In fact, I covered the topic at a time when Allegiant Air claimed that it was not involved in any negotiations for the naming rights of any professional sports facilities despite having filed an application with the United States Patent and Trademark Office for use of Allegiant in connection with stadium or training facilities. I predicted in my article that Allegiant Air was being covert and was likely involved in such…
Cal/OSHA Has Come Full Circle to Align with CDC & CA Public Health Department Continuing the yo-yo of back and forth revisions to the COVID-19 Emergency Temporary Standards (“ETS”), on June 11, 2021 Cal/OSHA submitted yet another draft of its proposed ETS to the Cal/OSHA Standards Board for review and approval.  While the draft contains a number of small changes to the earlier draft, the main revision deals with when masks – or face coverings – are required to be worn in the workplace. If you have been following the news over the last few weeks, Cal/OSHA and the Standards…
As California races towards reopening, employers are receiving (often conflicting) guidance on reopening procedures, especially with respect to when a mask is required for vaccinated individuals. In welcome news, it appears the various state agencies are moving towards more uniform policies, which will greatly relieve employers throughout the State. California Department of Health Guidelines First, on June 9th, California’s Health and Human Services Agency announced that California would be following the federal CDC guidance with respect to masking. Beginning on June 15th, individuals who are vaccinated are not required to wear a mask in public settings, except where masking of…
New York’s post mortem right-of-publicity statute recently came into effect.  Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without . . . written consent” can sue for an injunction and damages.  Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem.  New York courts have held that because the state’s law affords no common law right of publicity – the statutory grant is exclusive. New York’s new law brings…
Despite California’s Plan to Reopen on June 15, 2021, The Revised COVID-19 Emergency Temporary Standards Still Impose Restrictions in the Workplace After an all-day meeting on June 3, 2021, the Cal/OSHA Standards Board approved revisions to the COVID-19 Emergency Temporary Standards (“ETS” or “regulations”). The Board first indicated a vote to reject the revised regulations, but then did a complete 180 and voted unanimously to approve them as a stop-gap measure while its newly-formed Board subcommittee worked to consider further revisions that are more in line with California’s Department of Public Health and  CDC guidelines. Below are just some of…
We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram.  In that case, the court held that Instagram’s terms of use (which were accepted by the plaintiff, a photographer, when he created an Instagram account) were insufficiently clear to allow Mashable to escape liability for publishing Instagram content through the process of embedding.  Thereafter, the parties settled out of court.  Legal watchers speculated that the ruling would encourage copyright infringement claims based on the embedding of content. Embedding is the process of making…
Hard seltzer first hit the marketplace about five years ago and rapidly grew in popularity with sales exceeding $4.5 billion in 2020.  Wanting to ride the wave of success, many companies have introduced hard seltzers into this now crowded space.  But what is a hard seltzer?  Is it a form of beer or something else?  Based on its popularity, most would say, “Who cares whether hard seltzer is beer, just give me one.”  However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer. Modelo, whose parent is Anheuser-Busch InBev (“AB”), created the…
What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder?  The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers.  This was the scenario the Ninth Circuit faced in its recent decision in: Ironhawk Technologies, Inc. v. Dropbox, Inc. (decided April 20, 2021). Ironhawk develops computer software that uses compression technology to allow for the efficient transfer of data, especially in “bandwidth-challenged environments.”  It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark…
Quick answer: no! The Federal Circuit Court of Appeals recently tangled with a patent application for an invention that did not have scientific support.  The court affirmed a decision of the Patent Trial and Appeal Board rejecting a patent application on these grounds.  While this is not a common occurrence, in this case, it’s an easy conclusion to reach. In In re Huping Hu, 2021 U.S. App. LEXIS 7776, the inventors applied for patents for inventions related to “quantum entanglement.”  According to the inventors, quantum entanglement is “quantum spins of photons, electrons and nuclei.”  The inventors explained that “quantum spins…