Cannabis & Psychedelics On the 2024 Ballot
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]
Understanding the Psychedelics Renaissance Podcast
[Podcast] Virginia Seeks to Become the Next State to Decriminalize Possession of Psychedelic Mushrooms
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
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
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
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
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
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
Addressing the registrability of marks for cannabis-related products, the Trademark Trial & Appeal Board upheld an Examiner’s refusal to register marks for an “essential oil dispenser” based on extrinsic evidence that the...more
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
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
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
In a precedential decision earlier this year, the Trademark Trial and Appeal Board thinned some of the haze surrounding the registrability of trademarks for hemp-derived CBD products. In line with the U.S. Patent and...more
On September 25, 2020, the TTAB issued a non-precedential decision summarily rejecting an applicant’s attack against an examining attorney’s refusal to register the mark NATURAL LEAF CBD LIVE BETTER NATURALLY & Design for use...more
Despite the 2018 Farm Bill’s relaxation of hemp regulation, and the fact that many states that have decriminalized or legalized cannabis and its derivatives, applicants still may face an uphill battle in obtaining federal...more
The Trademark Trial and Appeal Board (“TTAB”) reiterated once again that you cannot register marijuana marks at the federal level. The TTAB announced its decision on July 16, 2019, rejecting Canopy Growth Corporation’s, a...more
In a recent decision, the TTAB overturned a descriptiveness refusal to register the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through...more
Although marijuana is becoming legal to varying degrees in an increasing number of states, your chances of getting a marijuana trademark registered with the United States Patent and Trademark Office (PTO) are still grim. In...more
In a precedential opinion, the Trademark Trial and Appeal Board (TTAB) affirmed a USPTO refusal to register the trademark HERBAL ACCESS on the basis the use of the mark in commerce was unlawful under the Controlled Substances...more
The Trademark Trial and Appeal Board (the “Board”) has drawn a line in the sand for legal purveyors of marijuana seeking federal trademark registrations. In its first ever precedential decision in a case involving...more