IP cases in the cannabis industry are lighting up court dockets more and more. In a new case with potential for serious baggage, Kinzie Advanced Polymers, LLC (“Kinzie”) filed a federal lawsuit against a group of Oklahoma-based entities and individuals (collectively, “Defendants”) behind the KURE BAGS brand of cannabis storage bags. Kinzie Advanced Polymers, LLC v. Jeremy Carrasco, et al
Continue Reading Papa’s Got a Brand New Bag, and it Might be Infringing – Cannabis Companies Clash Over Trademarks for Storage BagsKnow the Rules or Get Burned: TTAB Smolders Oppositions for Failure to Prosecute
In Adaptive Energy LLC v. Central Coast Agriculture, Inc., the Trademark Trial and Appeal Board (“Board”) dismissed two oppositions for failure to prosecute. Oppositions Nos. 91275644 and 91280840 (April 11, 2025). The Board granted Central Coast Agriculture Inc.’s (“Central”) motion to dismiss because Adaptive Energy LLC (“Adaptive”) failed to timely introduce evidence or testimony during the necessary period. The
Continue Reading Know the Rules or Get Burned: TTAB Smolders Oppositions for Failure to ProsecuteI Don’t Wanna Grow Up, I’m a What Kind of Kid? Toys R Us Takes on Vape R Us in Trademark Battle
I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company operating in a not so kid-friendly field starts using a trademark similar to that of the TOYS R
Continue Reading I Don’t Wanna Grow Up, I’m a What Kind of Kid? Toys R Us Takes on Vape R Us in Trademark BattleProtecting Cannabis: An In-Depth Discussion of Intellectual Property Protections of Cannabis
Join the ABA Litigation Section and JC Zwisler on August 8 at 1 PM ET for “Protecting Cannabis: An In-Depth Discussion of Intellectual Property Protections of Cannabis.” In this virtual CLE program, panelists will discuss how to protect cannabis goods and services through existing and future IP rights in the U.S. Litigation Section members can register for free! Sign up
Continue Reading Protecting Cannabis: An In-Depth Discussion of Intellectual Property Protections of CannabisIndica and IP – A Series on the Intersection of Cannabis and Intellectual Property
The Supremacy Clause and Trademarks: Why State Cannabis Legalization Isn’t Enough for a Federal Trademark
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 denied federal registration for its trademarks: BAKKED and
(collectively the “Marks”) by the United States Patent and Trademark Office (“USPTO”). Continue Reading Indica and IP – A Series on the Intersection of Cannabis and Intellectual Property
The Blooming Field of IP at the New England Cannabis Convention in Boston
Federal bans, lack of knowledge, and misinformation all stifle IP protection in the cannabis industry. Previously, one of our colleagues attended MJBizCon in Nevada and noted that “there is so much more to be done to bring this industry on par with other advanced industries that rely on IP to protect innovation and provide commercial advantage.” https://www.blunttruthlaw.com/2022/11/flowers-gummies-an-ip-lawyers-impressions-of-mjbizcon/. After attending the New England Cannabis Convention (“NECANN”) in Boston, we are pleased to observe that the industry appears to be making headway to address these trailing efforts.Continue Reading The Blooming Field of IP at the New England Cannabis Convention in Boston
What CannI Say? Litigating Cannabis Patents In District Court
Cannabis has become a growing sector for investment with increased focus by investors and entrepreneurs. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here. With the increased funding pouring into this sector has come a desire to protect the intellectual property in the products, research, and developments brought to market. Previously, patents—a limited monopoly allowing a patent holder to bar competitors from making/using/selling/importing a claimed system or method—were of limited use for those in the cannabis industry.Continue Reading What CannI Say? Litigating Cannabis Patents In District Court
Technologies for Enhancing Cannabis Bioavailability and Their Legal Methods of Protection
Co-authored by Ruth Fisher, PhD
The following post explores the bioavailability and efficacy of various cannabis products, followed by a brief overview of the legal protection afforded to each as an intellectual property asset.
Over the millennia, our bodies have evolved to better protect themselves. Protection from outside our bodies comes from our skin, which creates a barrier that’s quite difficult to penetrate by most foreign substances (pathogens). Protection from within our bodies comes from barriers (epithelial tissues) that line all our internal organs and pathways, to make sure nothing penetrates areas it should not. The result of all this protection is that it can be difficult for cannabis substances to penetrate our bodies and travel to the sites needed to generate their effects.Continue Reading Technologies for Enhancing Cannabis Bioavailability and Their Legal Methods of Protection
Flowers, Gummies & An IP Lawyer’s Impressions of MJBizCon
Despite legislative uncertainty (e.g., bills that have been passed, multiple times, but not become law), a wide range of brilliant entrepreneurs, industrial companies, investment mavens, and service providers have been consciously and conscientiously advancing the US cannabis industry’s interests.
MJBizCon and CannaVest West are proof positive – the breadth, depth, and sophistication of cannabis-related products, services, and innovations on display was truly staggering.Continue Reading Flowers, Gummies & An IP Lawyer’s Impressions of MJBizCon
Unharvested Opportunities for the Marijuana Industry – Exploiting Non-Traditional Forms of Intellectual Property
Strong intellectual property is the cornerstone of most start-up companies, and in most cases it is the key asset utilized by companies in securing financing and investment. Studies have estimated that non-tangible assets represent over 80% of an average business’ value, and when it comes to startups, the number is even higher.[1] The marijuana industry, because of its uncertain legal status under federal law, is at a strategic disadvantage, but despite this fact, the industry has still continued to blossom and is currently valued at $6.7 B and is expected to rise to almost $20 B by 2020.[2] However, failure to secure traditional forms of intellectual property (i.e., patents, trademarks, and copyrights) should not dissuade marijuana entrepreneurs from the inherent value intellectual property. Developing a keen business strategy around both traditional and non-traditional forms of intellectual property can open the door to additional revenue opportunities.
Continue Reading Unharvested Opportunities for the Marijuana Industry – Exploiting Non-Traditional Forms of Intellectual Property