News & Analysis as of

Intellectual Property Protection Trademarks Marijuana Related Businesses

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

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

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

ArentFox Schiff

Top 10 Legal Issues in the Cannabis Industry in 2024

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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

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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

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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

Clark Hill PLC

Q3 Cannabis Industry Group Newsletter

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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

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

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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

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

Miller Nash LLP

The Struggle is Real: Federal Trademark Registration for Cannabis and Hemp-Derived Food and Beverages Remains Illusive

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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

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® - January 2022: Watching the Pot™

When Fame is the Name of the Game - As of the third quarter of 2021, Swedish music streaming company SPOTIFY boasted 381 million monthly active users worldwide – significantly more than the population of the entire United...more

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

MarkIt to Market® - January 2022

Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more

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

MarkIt to Market® - September 2021

The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...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

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

MarkIt to Market® - July 2021

[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more

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

MarkIt to Market® - June 2021

The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....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

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

MarkIt to Market® - February 2021

The February 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses tips for co-branding arrangements in light of the recent collaboration between K-Swiss and Girl Scouts and an update on access to medical...more

Fish & Richardson

IP and Cannabis: The Current Landscape

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Cannabis is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. While marijuana remains a...more

BakerHostetler

Patenting All Things Cannabis: A Primer

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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

Seyfarth Shaw LLP

Brand Protection for Illinois’ Budding Cannabis Industry

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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

K&L Gates LLP

Key Intellectual Property Takeaways for the Cannabis Industry

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INTRODUCTION - Cannabis is a rapidly evolving field with 33 states and the District of Columbia having passed laws broadly legalizing some form of medicinal or recreational use. ...more

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