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[Webinar] Minor Cannabinoids & Trending Topics in Hemp
Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]
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Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)
From FDA to USDA – the Alphabet Soup of Regulatory Agencies and How the Government Has Permitted Some Flexibility During the Pandemic
More CBD Certainty: Clearing Confusion over Hemp in New York State
The State of Cannabis in New York
Holding Pattern: Cannabis Industry Waits for FDA Regulatory Rulemaking - Diagnosing Health Care Podcast
Canna We Talk Cannabis? Emerging Topics in Cannabis Law
Podcast: Non-binding Guidance: FDA’s Regulation of Products Containing CBD
The new fee structure is presented as a neutral pricing adjustment to replace the current TEAS Plus and TEAS Standard application filing options with a single base application option that changes based on the "complexity and...more
In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And...more
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
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
Unlock the Future of Cannabis Innovation at INCBA’s Global Cannabis IP Symposium at McGill University in Montreal, Canada. Join INCBA for this groundbreaking two-day event dedicated to intellectual property in cannabis. Gain...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
A recent federal court ruling that attempted to set down a distinct line between marijuana and low-THC products (like CBD and delta-8) has led many to make broad conclusions as to what it means for various products. Courts...more
The Ninth Circuit Court of Appeals recently held in AK Futures LLC v. Boyd St. Distro, LLC that delta-8 THC is legal for purposes of trademark protection. 35 F.4th 682, 686 (9th Cir. 2022). The rationale behind this ruling...more
Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD - CBD company sues YouTube channel for intimidation, IP infringement - CBD brand FullSend is seeking a declaratory judgment that it has...more
The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...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
Cannabis sales in America are an economic force, legal reported sales exceeded 10 billion in 2019. Eleven states allow legal recreational use (like alcohol for those over 21) and legal for medical use in an additional 23...more
Creativity abounds in the CBD industry – both in the wide variety of products infused with it, and in the efforts undergone by applicants trying to circumvent the Trademark Act to register per se unlawful CBD-infused...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
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
On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter...more
On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim final rule establishing a national regulatory framework for domestic hemp production, called the U.S. Domestic Hemp Production...more
On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim rules allowing for the legal cultivation of hemp under the 2018 Farm Bill. With these rules in place, the USDA can start...more
LEGISLATION, REGULATIONS & STANDARDS - FTC Issues Warning Letters to CBD Companies - The U.S. Federal Trade Commission has announced that it sent warning letters to three companies selling “oils, tinctures, capsules,...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
In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more
The continuing internal tension between various agencies and offices of the U.S. federal government over how to address the (seemingly) unstoppable growth of the marijuana industry in light of current federal law has been a...more
On May 2, 2019, the United States Trademark Office issued new Examination Guidelines for goods and services associated with cannabis and cannabis-derived products and services legalized under the 2018 Farm Bill. This crack in...more
Brand owners seeking to register cannabis-related trademarks take note: the U.S. Patent and Trademark Office (USPTO) recently issued guidance regarding the effects of the 2018 Farm Bill on the registration of trademarks for...more
Earlier this month, the United States Patent and Trademark Office (“USPTO”) issued Examination Guide 1-19, intended to “clarify the procedure for examining marks for cannabis and cannabis-derived goods and for services...more