There is a quite a lot of buzz around potential reclassification of marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). This reclassification, proposed by the DEA and backed by HHS, recognizes...more
In a precedential decision earlier this month, the Trademark Trial and Appeal Board upheld refusals to register two trademarks owned by National Concessions Group Inc. (“National”) on the ground that the goods – essential oil...more
Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more
6/1/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artists ,
Controlled Substances Act ,
Copyright ,
Drug Paraphernalia ,
Functionality ,
Generic Marks ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
The Copyright Act ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transformative Use ,
USPTO
On September 29, 2021, the House Judiciary Committee held a mark-up session of the Marijuana Opportunity Reinvestment and Expungement Act (MORE), which not only would de-classify cannabis as a Schedule I narcotic under the...more
10/5/2021
/ Banking Reform ,
Banking Sector ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Criminal Penalties ,
Decriminalization of Marijuana ,
Drug Possession ,
Financial Institutions ,
Financial Services Industry ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Schedule I Drugs
The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more
10/1/2021
/ Banking Reform ,
Banking Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Criminal Penalties ,
Decriminalization of Marijuana ,
Domain Name Registration ,
Domain Names ,
Drug Possession ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Financial Institutions ,
Financial Services Industry ,
gTLD ,
ICANN ,
Intellectual Property Protection ,
Intent-to-Use ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Schedule I Drugs ,
Sunrise Periods ,
Trademark Act ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more
7/28/2021
/ Advertising ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Dispensaries ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels ,
Proposed Legislation ,
Recreational Use ,
Trademark Registration ,
Trademarks ,
TTB
[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
7/26/2021
/ Advertising ,
Artists ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Dispensaries ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Fluid Trademarks ,
Food and Drug Administration (FDA) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Interstate Commerce ,
Logos ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels ,
Proposed Legislation ,
Recreational Use ,
Trademark Registration ,
Trademarks ,
TTB
Trailblazing Legislation to Watch in 2021 -
Welcome to our first installment of Watching the Pot™, which will provide summaries on recent buzz-worthy cannabis information, including decisions, legislation, news, and cases...more
12/30/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Dispensaries ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Trademark Registration
[co-author: Joseph Diorio, Law Clerk]
The December 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the implications of Brexit on .eu domain names owned by UK registrants, recent cannabis legislation,...more
12/28/2020
/ Cannabidiol (CBD) oil ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Domain Name Registration ,
Domain Names ,
EU ,
gTLD ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Sunrise Periods ,
UK ,
UK Brexit
Following the enactment of the 2018 Farm Bill [see related article1], the United States Patent and Trademark Office (USPTO) just this morning released a new Trademark Examination Guide for marks covering cannabis and...more
5/3/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Goods or Services ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
New Regulations ,
Trademark Application ,
Trademark Examination ,
Trademark Examination Guide ,
Trademark Registration ,
Trademarks ,
USPTO