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 BattleA RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark Case
Last year, the case of BBK Tobacco & Foods LLP v. Central Agriculture Inc. made headlines in the trademark world when the Ninth Circuit held that district courts have jurisdiction to alter or cancel trademark applications. 97 F.4th 668 (9th Cir. 2024).
Once again, the case is shaking up the trademark space. In what appears to be a matter of
Continue Reading A RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark CaseCafé con Cannabis – California’s Cannabis Café Law and Trademark Considerations
Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers. With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live music events, businesses are gearing up to create unique and engaging experiences. However, as these businesses expand and innovate, it’s crucial for all brand owners to consider the implications for trademarks in the cannabis industry. Continue Reading Café con Cannabis – California’s Cannabis Café Law and Trademark Considerations
Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark
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 Board (the “Board”) decision underscores a significant hurdle for cannabis related applications—use in interstate commerce. In Allright Mind Enterprises Ltd. v. Creative Arts By Calloway, LLC, the Board dismissed a cannabis company’s opposition because the company lacked a bona fide intent to use its mark in commerce. Opp. No. 91273573 (TTAB 2024). The case could affect cannabis companies’ ability to obtain trademark rights at the federal level.Continue Reading Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark
Indica 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
Booze and Buds – The Potential for Confusion if Cannabis is Sold in Liquor Stores
Proposed legislation in Pennsylvania would allow the sale of cannabis through the Commonwealth’s existing alcohol store system. This could make it easier for consumers of both substances to stock up for their next get-together. But it could also lead to confusion in the aisles of Pennsylvania’s liquor stores. Continue Reading Booze and Buds – The Potential for Confusion if Cannabis is Sold in Liquor Stores
Intellectual Property and Cannabis – Where do we Stand?
The state of intellectual property is in flux within the cannabis industry. On the eve of MJBizCon, below is a brief inventory of where the law stands on cannabis-related issues for branding and technology.
Branding
Federal trademark registrations remain unavailable to conventional cannabis companies, but there are several work arounds and caveats.
Work Arounds:
The general rule is that
Continue Reading Intellectual Property and Cannabis – Where do we Stand?Delta-8 THC Offers a Path to Trademark Protection
A recent federal appeals court decision has shed light on the legal status of delta-8 tetrahydrocannabinol (“delta-8 THC”) and its implications for cannabis brand owners. The United States Court of Appeals for the Ninth Circuit held that delta-8 THC falls squarely within the definition of “hemp” under the 2018 Farm Act, and is therefore lawful, despite its psychoactive properties. Cannabis
Continue Reading Delta-8 THC Offers a Path to Trademark Protection