Cannabis Law Now Podcast - Cannabis in the Show Me State: An Interview with BeLeaf Medical's Mitch Meyers
Cannabis Law Now Podcast - The 4-1-1 on Cannabis Receiverships from a Top Cannabis Receiver
Podcast - Hot Topics in FDA Regulation: GLP-1s, LDTs, AI and More
Cannabis Law Now Podcast - From Law Firm to Board Room: The Journey of a Cannabis Entrepreneur
Cannabis Law Now Podcast: Cannabis and Hemp Federal and State Advocacy in 2025
Cannabis Law Now Podcast: New York Cannabis: Ups, Downs, and In Between
Cannabis Law Now Podcast: Local Government and Cannabis Enforcement — What Matters and Why
12 Days of Regulatory Insights: Day 5 - Cannabis Chronicles — Regulatory Oversight Podcast
Bringing Your Cannabis Brand to New York
Cannabis Law Now Podcast: Building a Lasting Cannabis Brand with Tiffany Chin from Death Row Cannabis
Cannabis & Psychedelics On the 2024 Ballot
Cannabis Rescheduling: Timeline, Tax Strategies & 280E
Cannabis Law Now Podcast: 2024 Cannabis Industry Pitfalls on Blast
Mitigating and Addressing Litigation Risks for Cannabis Businesses
Cannabis M&A: Pain Points and Opportunities
Managing Labor and Employment Complexities in Cannabis Businesses
Intellectual property considerations for launching new cannabis products
Unpacking the current cannabis regulatory landscape and how it impacts your business
The Presumption of Innocence Podcast: Special Edition | Episode 36 - Rolling Change: The DEA Turns Over a New Leaf on Marijuana Scheduling
Cannabis Law Now Podcast: Farmers First According to Humboldt Trim Company
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
Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and...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
The Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used...more
Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...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
Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more
With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. This article seeks to briefly cover what in the...more
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
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
Addressing the registrability of marks for cannabis-related products, the Trademark Trial & Appeal Board upheld an Examiner’s refusal to register marks for an “essential oil dispenser” based on extrinsic evidence that the...more
Although commercial use of a trademark alone triggers rights in a mark, wise business owners endeavor to take advantage of the added benefits and protections conveyed by federal registration. One of the most important...more
In the first federal appellate ruling on delta-8 THC, the Ninth Circuit Court of Appeals deemed the substance legal—at least for purposes of trademark protection—concluding that if “Congress inadvertently created a loophole...more
Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss two ongoing administrative legal challenges to the U.S. Drug Enforcement Administration's policies on...more
The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more
On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more
[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more
It has been two years since the federal “Farm Bill” removed hemp from the definition of marijuana, rendering cannabis plants and derivatives (such as CBD derived from hemp) that contain no more than 0.3% of THC on a...more
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
The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...more
Despite the 2018 Farm Bill’s relaxation of hemp regulation, and the fact that many states that have decriminalized or legalized cannabis and its derivatives, applicants still may face an uphill battle in obtaining federal...more
This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more
The United States Trademark Trial and Appeal Board (TTAB) recently refused registration to two trademark applications for cannabis and marijuana vaporizers, finding no bona fide intent to lawfully use the marks in commerce...more
Unlike patents and copyrights, obtaining a federally registered trademark requires (among other things) that applicants abide by the “lawful” use in commerce requirement. In other words, the United States Patent and Trademark...more
Products containing cannabidiol (“CBD”), a compound derived from cannabis, are part of a growing market that some analysts have projected will reach over $2.3 billion by 2022. CBD products—from gummy bears and pet products to...more