News & Analysis as of

Intellectual Property Protection Cannabis-Related Businesses (CRBs) 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

Seyfarth Shaw LLP on

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

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Bully for You: Cannabis Company Fails to Adequately Plead “Trademark Bullying” Defense Says the TTAB

Seyfarth Shaw LLP on

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Dickinson Wright on

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

Seyfarth Shaw LLP on

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

Greenberg Glusker LLP on

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

Foster Garvey PC

Sports & Entertainment Spotlight: Hailey Bieber’s Skincare Company 'Rhode' Is Being Haled Into Court to Answer Trademark...

Foster Garvey PC on

Welcome back to the "Spotlight" – this being the very first and certainly not the last of Summer 2022. That’s right, folks. Although I expect my readership numbers to swoon to “spouse-and-blood-relative” levels, I will still...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

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

Harris Beach Murtha PLLC

Don’t Put Borat on Your Billboards – And More I.P. Advice for Cannabis Companies

Why would a small cannabis dispensary choose to plaster the fictional character Borat on its billboard – without asking permission? This misjudgment resulted in a $9 million lawsuit; but it’s not an isolated incident. In...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

Lowndes

Cannabis Conundrum: No Federal Trademark Protections Without Federal Legalization

Lowndes on

Despite the trend of state legalization of cannabis and overwhelming market attention paid to cannabis companies, owners of cannabis businesses still cannot obtain federal trademark protection for their cannabis related...more

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