News & Analysis as of

Intellectual Property Protection Cannabis-Related Businesses (CRBs) Trademarks

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

Bradley Arant Boult Cummings LLP

Cannabis & Trademarks: Protecting Your Stash

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

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

Seyfarth Shaw LLP

Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

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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

Seyfarth Shaw LLP

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

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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

ArentFox Schiff

Top 10 Legal Issues in the Cannabis Industry in 2024

ArentFox Schiff on

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

Seyfarth Shaw LLP

4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis

Seyfarth Shaw LLP on

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

Foley Hoag LLP - Cannabis and the Law

Cannabis Brands Beware – Branding/White Labeling in New York Requires Application Submittal by December 18, 2023

While licensing agreements between brands and license holders are typical in mature cannabis jurisdictions, what is uncommon is the requirement that said brands become licensed solely for the purposes of entering into...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

Clark Hill PLC

Q3 Cannabis Industry Group Newsletter

Clark Hill PLC on

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and...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

How To Protect Your Cannabis Trademarks in a Legal Landscape That Is Half-Baked

Dickinson Wright on

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection –...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

International Cannabis Bar Association...

[Hybrid Event] Global Cannabis Intellectual Property Symposium 2023 - September 28th - 29th, Montreal, Quebec, Canada

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

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

Fox Rothschild LLP

The Lightbulb Podcast Series: Episode 2 - Safeguarding Intellectual Property in the Legalized Cannabis Industry

Fox Rothschild LLP on

What options for intellectual property protection are available to companies operating in the cannabis sector, and how are they affected by marijuana’s status as a controlled substance at the federal level? Listen as Jon...more

Bradley Arant Boult Cummings LLP

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.    In 2016, National Concession...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

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

MarkIt to Market® - November 2022: Priority Pitfalls

The Trademark Trial and Appeal Board’s recently issued precedential decision dismissing an opposition alleging a likelihood of confusion between the registered mark SMOK and a pending application for the mark SMOKES and...more

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

MarkIt to Market® - November 2022

Thank you for reading the November 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we address a precedential TTAB decision that presents interesting priority issues relating in particular to the...more

Seyfarth Shaw LLP

Intellectual Property and Cannabis – Where do we Stand?

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The state of intellectual property is in flux within the cannabis industry. On the eve of MJBizCon, below is a brief inventory of where the law stands on cannabis-related issues for branding and technology....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

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

Weintraub Tobin

Trademark Protection and the Lawful Use Requirement

Weintraub Tobin on

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of...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

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