News & Analysis as of

Trademark Registration Trademark Infringement Cannabis Products

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

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

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

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

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

MarkIt to Market® - December 2021: Thoroughly Modern! The Trademark Modernization Act Offers New Tools for Trademark Owners

Trademark owners and practitioners have some extra reasons to celebrate this year, as the majority of the Trademark Modernization Act went into effect on December 18, 2021. Among other benefits for trademark infringement...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

Lippes Mathias LLP

The Blunt Reality of Trademark Registration for Cannabis Marks

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With the list of states that have legalized adult-use cannabis continuing to grow, businesses are entering the industry at a rapid pace. However, one of the biggest questions facing these businesses is how to develop and...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

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

Vicente LLP on

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® - October 2020: Get in the Weeds: Even Brands for (Federally Illegal) Consumables Need to Play by the Trademark...

In a complaint filed late last month in the Northern District of Illinois, Edible Arrangements, purveyors of fancy fruit bouquets, initiated a trademark infringement suit against cannabis company Green Thumb Industries Inc.,...more

Dorsey & Whitney LLP

“Zone of Expansion”: A Lesson in Federal Trademark Protection For Unlawful Products?

Dorsey & Whitney LLP on

Now we wait. The final brief was submitted this past week in connection with an interlocutory appeal to the second circuit of the district court’s denial of a preliminary injunction over use of the WOODSTOCK mark. Potentially...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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