News & Analysis as of October 18, 2024

Intellectual Property Litigation

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

Seyfarth Shaw LLP on 3/6/2024

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

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

Troutman Pepper on 11/15/2023

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

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

International Cannabis Bar Association... on 8/2/2023

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

Blunders That Made ‘Bakked’ Cannabis TM Go Up In Smoke

Seyfarth Shaw LLP on 7/19/2023

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

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

Bradley Arant Boult Cummings LLP on 5/12/2023

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized. In 2016, National Concession...more

MarkIt to Market® - January 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/31/2023

Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more

MarkIt to Market® - August 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/30/2021

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

MarkIt to Market® - July 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/26/2021

[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

MarkIt to Market® - June 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/29/2021

The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more

MarkIt to Market® - May 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/28/2021

[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

Cannabis Trademarks Redux

Akerman LLP - Marks, Works & Secrets on 7/26/2019

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

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