In a precedential decision earlier this year, the Trademark Trial and Appeal Board thinned some of the haze surrounding the registrability of trademarks for hemp-derived CBD products. In line with the U.S. Patent and...more
10/27/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances Act ,
Corporate Counsel ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Hemp ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
A federal district court has eliminated a cannabis company’s affirmative defense to federal trademark infringement claims based on the company’s prior use of a trademark that was legal under state law but not federal law. The...more
2/21/2020
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Corporate Counsel ,
Counterclaims ,
Defense Strategies ,
Lanham Act ,
Preemption ,
Prior Use ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California.
In late 2018, Kiva Health Brands (a national health food and...more
1/9/2020
/ Affirmative Defenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Common Law Claims ,
Counterclaims ,
Dietary Supplements ,
Federal Trademark Register ,
Laches ,
Motion for Summary Judgment ,
Preemption ,
Prior User Rights ,
Trademark Litigation ,
Trademarks
On November 25, 2019, the Food and Drug Administration sent a wave of warning letters to fifteen CBD companies claiming they are breaking federal food, drug, and cosmetic laws based on their current CBD product marketing and...more