Trade Dress – Another Weapon in Your Intellectual Property Arsenal

Cooler - Doug
YETI®, a well-known manufacturer of high-quality coolers and insulated tumblers, recently settled several lawsuits against cooler competitor RTIC involving allegations of trade dress infringement, patent infringement and other claims stemming from RTIC’s manufacture and sale of look-alike coolers and insulated drinkware products. Among other rights asserted in the lawsuit, YETI relied on trade

Liability Waivers for Minors

You know the drill – take your child to a birthday party at a trampoline complex, rock climbing gym or parkour center, and sign a release before your child can participate. When your child is injured, is that release enforceable? Are you (or your child) without recourse? As with most things, it depends. “Exculpatory contracts” […]

A Toe Shoe By Any Other Name

Vibram, a shoe company perhaps best known for its unique split-toe running shoe design, recently prevailed in a trademark and rights of publicity dispute against the heirs of late Ethiopian Olympic marathoner Abebe Bikila related to its use of the BIKILA name in connection with its toe shoe line without obtaining permission from the Bikila […]

California Enacts Legislation to Protect Park Names

California recently enacted a bill prohibiting concessionaires from claiming trademark rights in a mark that “incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources.” The full text of the California Heritage Protection Act, AB 2249, can be found at

Beers in the Backcountry.

Readers of National Geographic Magazine were treated this month to an interesting article titled Unplugging the Selfie Generation, about the challenges and rewards of getting young people into our National Parks – what does “back to nature” mean to a generation reportedly more interested in technology than in backcountry hikes.  Upslope Brewing Co., as the […]

Agritourism on the Rise

Picking Blueberries
“Agritourism” is a new term for the intersection of adventure tourism and agriculture.  According to the State of Colorado – a traveler’s interaction with farmers, ranchers, hunters, artists, naturalists and food enthusiasts that leads to the discovery of geographically distinctive experience, food and drink.  According to a recent US Census of Agriculture, the number of […]

Riding Your e-Bike ‘wherever’ you want?

E-bike Doug Tumminello
Bike ride, anyone?  Electric bicycles – e-bikes – are quickly growing in popularity as technology improves and prices fall, and regulations are working to catch up.  Currently, a patchwork of laws, regulations, and even definitions abound, confusing what types of bikes can be used where.  Generally, e-bikes, which have an integrated electric motor for propulsion, […]

Welcome to the Sports & Recreation Blog

Our Sports & Recreation blog will allow us to leverage social technologies to engage in two-way communication with our community and to take your feedback into consideration as we create new content, tools and resources. Here you’ll find sports, outdoor and recreation legal updates and news. We look forward to growing with you as we embark […]