IP cases in the cannabis industry are lighting up court dockets more and more. In a new case with potential for serious baggage, Kinzie Advanced Polymers, LLC (“Kinzie”) filed a federal lawsuit against a group of...more
7/7/2025
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Disgorgement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks
In Adaptive Energy LLC v. Central Coast Agriculture, Inc., the Trademark Trial and Appeal Board (“Board”) dismissed two oppositions for failure to prosecute. Oppositions Nos. 91275644 and 91280840 (April 11, 2025). The...more
A day after announcing that “fair use” would not shield AI training models against potential copyright infringement, President Donald Trump fired Shira Perlmutter, Register of Copyrights, and her superior, Librarian of...more
6/27/2025
/ Algorithms ,
Artificial Intelligence ,
Constitutional Challenges ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Executive Orders ,
Fair Use ,
Intellectual Property Protection ,
Machine Learning ,
Regulatory Reform ,
Trump Administration
I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more
6/11/2025
/ Cannabis Products ,
Dilution ,
False Designation of Origin ,
Goods or Services ,
Intellectual Property Protection ,
Lanham Act ,
Marijuana Related Businesses ,
Retail Market ,
Retailers ,
Toys R Us ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition ,
Vaping
Last year, the case of BBK Tobacco & Foods LLP v. Central Agriculture Inc. made headlines in the trademark world when the Ninth Circuit held that district courts have jurisdiction to alter or cancel trademark applications. ...more
3/13/2025
/ Cannabis Products ,
Controlled Substances Act ,
Damages ,
Disgorgement ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Profits ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
What happens when a party attempts to sidestep the strict guidelines of a court order? A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire. Wm. Wrigley Jr. Company v....more
2/12/2025
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Contempt ,
Enforcement Actions ,
Injunctions ,
Intellectual Property Litigation ,
Logos ,
Plant Based Products ,
Retail Market ,
Sanctions ,
Settlement ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more
1/31/2025
/ Enforcement Actions ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Luxury Goods ,
Popular ,
Retail Market ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition ,
Unfair or Deceptive Trade Practices ,
Wal-Mart
A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more
1/23/2025
/ Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
International Trademark Protection ,
Likelihood of Confusion ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair Competition ,
USPTO
A recent lawsuit between two influencers, Alyssa Sheil and Sydney Nicole Gifford, highlights critical issues of copyrights and likeness rights in the influencer space. Both are known for posting photos that feature a...more
We’ve moved into winter and that means many bands and artists are taking a breather after summer and fall tours. Some seemed to go on for eras. For me, that means waiting a few months to catch some favorite acts. But I’ve got...more
Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers. With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live...more
What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more
As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...more
8/29/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Trademark Application ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc....more
8/20/2024
/ Cannabis-Related Businesses (CRBs) ,
Corporate Counsel ,
DoorDash ,
Intellectual Property Protection ,
Lanham Act ,
Trademark Bullying ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair Competition
A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in...more
Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and...more
3/6/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Ownership ,
Design Patent ,
Intellectual Property Litigation ,
Marijuana ,
Marijuana Related Businesses ,
Retail Market ,
THC ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
The one and only TTABlogger, to whom we are very much indebted, recently reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Trademark Trial and Appeal Board issued in 2023. ...more
Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”). Republic amended its goods twice during prosecution of the...more
1/23/2024
/ Agribusiness ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Deceptively Misdescriptive ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state. Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL...more
12/20/2023
/ Cannabis Products ,
Farm Bill ,
Goods or Services ,
Hemp ,
Hemp Cultivation ,
License Agreements ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Retail Market ,
Texas ,
THC ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
A recent lawsuit alleging trademark infringement by AmerikanWeed illustrates the importance of protecting intellectual property in the cannabis industry. Complaint at 9-10, Palmer, et al. v. Komm et al., No. 21-2-13589-3 SEA...more
7/19/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Marijuana ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Recently, we published an article regarding the increasing viability of cannabis related patents. See here. Sadly, the story is the opposite for federal trademarks. Last month, National Concessions Group, Inc. (“NCG”) was...more
6/8/2023
/ Agribusiness ,
Cannabis Products ,
Controlled Substances Act ,
Drug Paraphernalia ,
Federal Trademark Register ,
Intellectual Property Protection ,
Marijuana ,
Supremacy Clause ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
This 4/20, patent owners with Intellectual Property (“IP”) related to cannabis have one more reason to celebrate as they may be able to enforce their rights against infringers in federal court. IP rights may provide an...more
Proposed legislation in Pennsylvania would allow the sale of cannabis through the Commonwealth’s existing alcohol store system. This could make it easier for consumers of both substances to stock up for their next...more
Federal bans, lack of knowledge, and misinformation all stifle IP protection in the cannabis industry. Previously, one of our colleagues attended MJBizCon in Nevada and noted that “there is so much more to be done to bring...more
Cannabis has become a growing sector for investment with increased focus by investors and entrepreneurs. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here. With the increased funding pouring...more