News & Analysis as of

Intellectual Property Protection Cannabis Products Trademark Infringement

Seyfarth Shaw LLP

Papa’s Got a Brand New Bag, and it Might be Infringing – Cannabis Companies Clash Over Trademarks for Storage Bags

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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

Seyfarth Shaw LLP

I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

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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

Seyfarth Shaw LLP

A RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark Case

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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

Seyfarth Shaw LLP

Café con Cannabis – California’s Cannabis Café Law and Trademark Considerations

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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

Troutman Pepper Locke

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

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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

Dickinson Wright

Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

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In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect...more

Dickinson Wright

Avoiding a Bad Trip: How Cannabis Companies Can Mitigate the Risk of an Infringement Lawsuit

Dickinson Wright on

Over a decade has passed since recreational cannabis began to see legalization at the state level. Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains...more

Seyfarth Shaw LLP

Blunders That Made ‘Bakked’ Cannabis TM Go Up In Smoke

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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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2023

Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more

Greenberg Glusker LLP

The Impact of the Wrigley Lawsuit on Cannabis IP Rights

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Greenberg Glusker intellectual property lawyer Elizabeth (Liz) Sbardellati joins cannabis practice colleagues Michelle Mabugat, Priya Sopori and Alexa Steinberg to chew over a landmark case in intellectual property law in...more

McGuireWoods LLP

Delta-8 Debate: Employment and Trademark Litigation in CBD and Cannabis Reaches New High

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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

Perkins Coie

Cannabis Legal Report - June 2022

Perkins Coie on

Cannabis: In Focus - • Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard • Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card... ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2022

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – February 2022: Watching the Pot™

Is Canopy Growth v. GW Pharma Headed to the Federal Circuit? We have been closely monitoring patent litigation in the cannabis space, including suits related to cannabis extraction technology such as the action filed in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – February 2022

Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss trademark rights in relation to appropriation art, including NFTs, and provide an update on cannabis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2021

The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in...more

Miller Nash LLP

THC-Infused Candies are All Tricks, No Treats, Says Candy Maker

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Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Downs Rachlin Martin PLLC

A lawyer walks into a cannabis shop

It was my first day as President and Counsel of Hershey Chocolate & Confectionery Corporation. Armed with a shiny new corporate credit card, I strolled into a cannabis dispensary and prepared to buy some marijuana. No, I...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - May 2021: Watching the Pot™

Revenge for Infringing Candy Trademarks? So Sweet. Two recent court decisions highlight that there may still be a bit of a disconnect when it comes to branding cannabis products. In other words, even if your product is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - May 2021

[co-author: Sahar A. Ahmed, Law Clerk] The May 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the USPTO's new Native American Tribal Insignia Database and two recent trademark litigation cases...more

Vicente LLP

Cannabis Trademarks 101

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In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets. It’s a common myth that cannabis industry brands cannot get trademark...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #3

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“Happy” Tax Day to those of you here in the United States celebrating/commiserating (noting of course that certain taxpayers have until May 17 to file their returns this year). Like taxes, this installment of the Spotlight...more

International Lawyers Network

Businesses Beware: Depreciation in Goodwill Claims Not Bound By Industry Lines

The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

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