Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check in on Virginia, to see if there’s any progress on the retail market bill. We re-visit the Eastern Band of Cherokee in North Carolina, who are planning to set up their first dispensary. We note that Hawai’i has an adult-use bill moving through their legislature. Trulieve got a tax refund – will that lead other cannabis companies to try to get money back? And finally, The Late Show with Stephen Colbert had a piece on Germany legalizing marijuana.
Continue Reading The Week in Weed: March 8, 2024Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection
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 services may provide an opportunity for cannabis companies to protect the substantial investments made in their brands and offerings. A recent case in California, The Holding Company LLC v. Pacific West Distributors et al. 2:24-cv-00986-DDP-JDE, illustrates potential strategies surrounding intellectual property protection for those in the industry to consider. It’s easy to imagine what may happen if a competitor began using your branding in a way that treads on your investment without legal means to stop them. The strategies we discuss below may not be appropriate for all cases. But cannabis companies, along with their counsel, should evaluate the potential costs and benefits of pursuing these strategies to protect their businesses.
Continue Reading Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP ProtectionThe Week in Weed: March 1, 2024
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check on the retail market legislation in Virginia. New Hampshire’s House of Representatives passed an adult-use cannabis bill. Arkansas’ Attorney General gives the go-ahead for advocates to start collecting signatures for a ballot initiative. Nevada opens its first cannabis consumption lounges. And finally, what have those teachers at Abbott Elementary been smoking?
Continue Reading The Week in Weed: March 1, 2024The Week in Weed: February 23, 2024
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we have an update on the New York licensing situation. We travel abroad to check in on Germany and Ukraine. We note that medical marijuana legalization is not happening this year in Wisconsin. And finally, could cannabis make an appearance in Madison Square Garden?
Continue Reading The Week in Weed: February 23, 2024The Week in Weed: February 16, 2024
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see a retail market bill make progress in the Virginia legislature. There was a Senate vote in South Carolina on medical marijuana. A cannabis initiative could make its way onto the Arkansas ballot this November. Rep. Blumenauer wants a status report on re-scheduling. And finally, Ozzy Osbourne speaks out in favor of legalization.
Continue Reading The Week in Weed: February 16, 2024The Corporate Transparency Act is Here
It’s already February, the holidays are over, and compliance with the Corporate Transparency Act (“CTA”) is on everyone’s mind.
Continue Reading The Corporate Transparency Act is HereThe Week in Weed: February 9, 2024
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see Texas’ attorney general opposing local decriminalization laws. We note the Pennsylvania governor’s frustration over seeing cannabis business travel to neighboring states. We have a list of New York lawsuits, because at this point, you need a scorecard. And finally, you can enjoy tea with a little something extra in the nation’s Capital.
Continue Reading The Week in Weed: February 9, 2024The Week in Weed: February 2, 2024
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. We see some movement on setting up a retail market in Virginia. Senate Democrats would like to see less re-scheduling and more de-scheduling of cannabis. Ohio released proposed rules for a retail market. Americans support cannabis legalization. And finally, what has Janet Yellen been smoking?
Continue Reading The Week in Weed: February 2, 2024The Week in Weed: January 26, 2023
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we turn our attention to Europe, where we have an update on the German legalization situation. Closer to home, we check in with both New York and Alabama, to see how things are going in those jurisdictions. And finally, we have to agree with Ohio Governor DeWine that the marijuana situation there is goofy.
Continue Reading The Week in Weed: January 26, 20234:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis
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 application and ultimately sought to register “tobacco; cigarette papers; cigarette filters; cigarette tubes; cigarette rolling machines; handheld machines for injecting tobacco into cigarette tubes; machines allowing smokers to make cigarettes by themselves; none of the foregoing containing or for use with cannabis” (emphasis added). The USPTO alleged that consumers would understand 4:20 to mean cannabis, the mark misdescribes non-cannabis related goods, and consumers would believe the misrepresentation. Therefore, the USPTO refused registration alleging that the mark was deceptively misdescriptive of the goods in the application. Republic appealed the decision to the Trademark Trial and Appeal Board (the “Board”). But the Board saw through the smoke of Republic’s arguments and affirmed the refusal.
Continue Reading 4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis