News & Analysis as of

Brand Cannabis Products

Dorsey & Whitney LLP

The Ninth Circuit Addresses Judicial Power over Trademark Applications and the Lawful Use of Trademarks on Cannabis (I Mean,...

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The Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used...more

Stinson LLP

Marketing Partnerships with Olympic Athletes: Is it Worth the Effort for Cannabis Brands?

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As the 2024 Paris Olympics draws near, many brands are eager for an opportunity to partner with Olympic athletes to enhance brand visibility and grow market share in competitive industries. In particular, brands participating...more

McGlinchey Stafford

2024 Cannabis Trademarks and Branding

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Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...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

International Cannabis Bar Association...

[Event] The Cannabis Law Sessions - Building Your Team - November 28th, Las Vegas, NV

The International Cannabis Bar Association (INCBA) is excited to return to MJBizCon to present our annual set of continuing legal education sessions on Tuesday, November 28, 2023. Designed for attorneys and other...more

Dickinson Wright

Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

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In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect...more

International Cannabis Bar Association...

[Hybrid Event] Global Cannabis Intellectual Property Symposium 2023 - September 28th - 29th, Montreal, Quebec, Canada

Unlock the Future of Cannabis Innovation at INCBA’s Global Cannabis IP Symposium at McGill University in Montreal, Canada. Join INCBA for this groundbreaking two-day event dedicated to intellectual property in cannabis. Gain...more

Dunlap Bennett & Ludwig PLLC

Marketing Becomes The Key To Survival For Cannabis Businesses – Examples From Colorado

As states increasingly legalize cannabis for adult-use, many look towards Colorado – the state with the first such program – as a gauge for what states and businesses (and customers) might encounter in the future....more

Greenberg Glusker LLP

The Impact of the Wrigley Lawsuit on Cannabis IP Rights

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Greenberg Glusker intellectual property lawyer Elizabeth (Liz) Sbardellati joins cannabis practice colleagues Michelle Mabugat, Priya Sopori and Alexa Steinberg to chew over a landmark case in intellectual property law in...more

Greenberg Glusker LLP

Is the Grass Greener? Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry – The 2022 Cannalaw Summit:...

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In Part 2 of a two-part series, The Grass is Always Greenberg features another excerpt from the 2022 Cannalaw Summit: Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry. Priya Sopori and Alexa...more

Greenberg Glusker LLP

Is the Grass Greener? Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry – The 2022 Cannalaw Summit:...

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The Grass is Always Greenberg alters its format for a special two-part series covering the 2022 Cannalaw Summit: Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry. Greenberg Glusker’s Priya Sopori...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

Vicente LLP

Trademarking Your New York Cannabis Industry Business and Brand

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Looking to start a cannabis business in New York? To help you prepare, VS’s New York team created an eight-part series of VS Insights to assist in navigating the path to applying for a New York cannabis business license....more

Vicente LLP

How to Find Appropriate Real Estate for Your New York Cannabis Business

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So, you decided to start a cannabis business in New York. With the release of more license categories on the horizon, it’s an exciting and hectic time. To help you prepare, VS’s New York team created an eight-part...more

Weintraub Tobin

Trademark Protection and the Lawful Use Requirement

Weintraub Tobin on

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of...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

Miller Nash LLP

THC-Infused Candies are All Tricks, No Treats, Says Candy Maker

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Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats....more

Womble Bond Dickinson

[Webinar] Growing the Intellectual Property Portfolio for Your Canna-biz - September 28th, 12:00 pm - 1:00 pm EDT

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Are you a budding cannabis business looking to protect your intellectual property (IP)? Learn the different types of IP available and how you can build a strategic IP portfolio for your innovations and business. We will...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® - July 2021: Budding Legislation – The Cannabis Administration and Opportunity Act

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

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® - May 2021: Watching the Pot™

Revenge for Infringing Candy Trademarks? So Sweet. Two recent court decisions highlight that there may still be a bit of a disconnect when it comes to branding cannabis products. In other words, even if your product is...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

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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

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