Legal Question in Intellectual Property in California

Hello, i have a non-ordinary question. I understand if i can't get an answer..

My question is about Medical Marijuana Business in california

I recently was in agreement with a friend and started a legal grow. He then one day flipped on me, kicked me out and kept everything, including the aeroponic system that i designed and the name of business i came up with. For knowing, the name of business is Royal Greens Co-op. I own the domain, i build the system, i came up with the name but unfortunately my friend has all of the equipment and is continuing business...

My question is, what do i need to do to protect my business name so he can't steal it and also my aeroponic system design? Under any normal business i could go register a business name but im sure everyone knows the industry i'm talking of inst exactly

Again i know this is a topic that not many are familiar with, so i will understand if no one knows.. However i thought it was worth a try.

Thanks in advance for any help you may have to offer.


Asked on 8/08/10, 12:14 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If he took your equipment, take him to small claims court. I would let him have the business name. After all, do people really buy pot based on its brand name -- except maybe "Acapulco Gold" or "Panama Red"? (Search [appellation control]). Next time protect your business name with a trademark registration, same as for any so-called "normal" business.

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Answered on 8/13/10, 4:31 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is on point. Regarding the business name, you can file a trademark application with the California Secretary of State. A more powerful registration (which applies in every state) is the federal one through the USPTO. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/14/10, 7:14 am
James Bame San Diego Law Office

You need to file a dissolution of partnership to get your share of the business assets which includes the trade name. You also may have other causes of action. Contact me directly.

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Answered on 8/14/10, 9:11 am


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