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 CaseRecent 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
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
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
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
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.
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?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
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.
This week, we start off with a “little state update.” The biggest news is happening in the smallest places! We look at Rhode Island, Delaware and Vermont. Then, we move on to a decision involving hemp. And finally, we report on
Continue Reading The Week in Weed: May 27, 2022
Trademark owners in the cannabis field keep trying new ways to register their marks, and who can blame them? Branding is everything in an increasingly online world, and protecting your brand’s reputation is paramount to staying in business, especially when you operate in an industry mired in legal grey areas. The cannabis industry is growing and the laws are constantly
Continue Reading Yes, Really: The TTAB Affirms That the USPTO Will Not Register Marks for Illegal Goods
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.
Our big news this week is that the American Bar Association asked the Small Business Administration to make marijuana-related companies eligible for relief funds. There’s plenty of state news also. Iowa votes to reform its medical marijuana program. Maine faces lawsuits
Continue Reading The Week in Weed: June 12, 2020