The DEA Is Knocking at Your Door . . . Are You Prepared? – Diagnosing Health Care
If Cannabis Is Reclassified, What Will Happen to the Marketplace? – Diagnosing Health Care
Cannabis Law Now Podcast: What’s Next for Schedule III Marijuana
Podcast - DEA Plants the Seed for Rescheduling Marijuana: What's Next?
The Presumption of Innocence Podcast: Special Edition | Episode 36 - Rolling Change: The DEA Turns Over a New Leaf on Marijuana Scheduling
Cannabis Law Now Podcast: THC Infused Beverages: Cantrip's Journey Through the Hemp-Derived Looking Glass
Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters
Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]
Minor Cannabinoids: Exploring the Science, Legality, & Opportunities
A history of the decline and rise of the marijuana empire
Canna We Talk Cannabis? Emerging Topics in Cannabis Law
2019 Cannabis & Co: Addressing Cannabis in the Workplace (Part 2) - Proposition 64
Podcast: Non-binding Guidance: FDA’s Regulation of Products Containing CBD
Part 1 of 2: The Impact of Marijuana for Employers
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
On May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. In light of the rescheduling marijuana news,...more
What was hinted at in the fall of 2023 appears to be heading towards reality as reports circulate that the U.S. Drug Enforcement Administration (DEA) has agreed to reschedule marijuana—or cannabis, as most in the industry...more
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
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
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
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
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
As the industry for cannabis that is legal under state and/or federal law continues to expand, a flurry of court cases in recent years have addressed whether these businesses can utilize the federal courts to vindicate their...more
In the first federal appellate ruling on delta-8 THC, the Ninth Circuit Court of Appeals deemed the substance legal—at least for purposes of trademark protection—concluding that if “Congress inadvertently created a loophole...more
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
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
[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
This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more
Companies entering into the emerging market for medical and recreational marijuana products and services will face unique challenges when attempting to protect trademarks. Such challenges include brand protection in states...more
In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more
The past several years arguably have been some of the best for the cannabis industry since marijuana was originally criminalized in the early 20th century. ...more
In recent years, it has been difficult for cannabis companies to develop and protect consistent and comprehensive brands on a nationwide basis, due to the U.S. Patent & Trademark Office’s (“USPTO’s”) refusal of federal...more
Cannabidiol (commonly referred to as "CBD") has been in the news for several years now, due to its touted health and wellness benefits. This is especially the case since the Agricultural Act of 2018, or AIA, became law in...more
While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition, the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game...more
In almost every industry, businesses expend significant capital and resources to develop their brand, which, although intangible, is often the most valuable piece of property a business owns....more
A fog of uncertainty surrounds regulations in the marijuana industry. At the federal level, the plant is still a Schedule 1 substance under the Controlled Substances Act and, therefore, federally illegal to possess, sell, and...more
Introduction – Is Patenting Cannabis Legal? Early protection of intellectual property is a critical component in any business’s efforts to secure a competitive advantage in the marketplace. In the cannabis space, efforts...more
Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still remains impossible to obtain a U.S. federal trademark registration for marijuana...more
We anticipate 2018 as being a pivotal year for cannabis across the country. As momentum for the movement to legalize continues to build, here are some of the things we’re keeping an eye on....more