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Intellectual Property Protection › Trademark Litigation › Marijuana

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

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

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

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

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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

Akerman LLP - Marks, Works & Secrets

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

Akerman LLP - Marks, Works & Secrets on

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

Lowndes

Cannabis Conundrum: No Federal Trademark Protections Without Federal Legalization

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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

Carlton Fields

EU Court Rules Cannabis Trademark Unregistrable as Contrary to Public Policy

Carlton Fields on

The General Court of the European Union ruled on December 12 that the Cannabis Store Amsterdam logo was unregistrable as violative of public policy and morality because it would encourage illegal activity. This decision is...more

Knobbe Martens

Stirring the Pot: Recent Trademark Infringement Claims from Major Brands In the Cannabis Field

Knobbe Martens on

What do UPS and TAPATIO hot sauce have in common? Based on recent California Court filings, both companies are serious about protecting their trademarks from infringement by entities in the cannabis space. In 2019, both...more

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