Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and...more
3/6/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Ownership ,
Design Patent ,
Intellectual Property Litigation ,
Marijuana ,
Marijuana Related Businesses ,
Retail Market ,
THC ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
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
1/23/2024
/ Agribusiness ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Deceptively Misdescriptive ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state. Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL...more
12/20/2023
/ Cannabis Products ,
Farm Bill ,
Goods or Services ,
Hemp ,
Hemp Cultivation ,
License Agreements ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Retail Market ,
Texas ,
THC ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
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
7/19/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Marijuana ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Recently, we published an article regarding the increasing viability of cannabis related patents. See here. Sadly, the story is the opposite for federal trademarks. Last month, National Concessions Group, Inc. (“NCG”) was...more
6/8/2023
/ Agribusiness ,
Cannabis Products ,
Controlled Substances Act ,
Drug Paraphernalia ,
Federal Trademark Register ,
Intellectual Property Protection ,
Marijuana ,
Supremacy Clause ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
This 4/20, patent owners with Intellectual Property (“IP”) related to cannabis have one more reason to celebrate as they may be able to enforce their rights against infringers in federal court. IP rights may provide an...more
Proposed legislation in Pennsylvania would allow the sale of cannabis through the Commonwealth’s existing alcohol store system. This could make it easier for consumers of both substances to stock up for their next...more
Federal bans, lack of knowledge, and misinformation all stifle IP protection in the cannabis industry. Previously, one of our colleagues attended MJBizCon in Nevada and noted that “there is so much more to be done to bring...more
Cannabis has become a growing sector for investment with increased focus by investors and entrepreneurs. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here. With the increased funding pouring...more