What happens when a party attempts to sidestep the strict guidelines of a court order? A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire. Wm. Wrigley Jr. Company v....more
2/12/2025
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Contempt ,
Enforcement Actions ,
Injunctions ,
Intellectual Property Litigation ,
Logos ,
Plant Based Products ,
Retail Market ,
Sanctions ,
Settlement ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
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...more
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...more
8/29/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Trademark Application ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc....more
8/20/2024
/ Cannabis-Related Businesses (CRBs) ,
Corporate Counsel ,
DoorDash ,
Intellectual Property Protection ,
Lanham Act ,
Trademark Bullying ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair Competition
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
3/6/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Ownership ,
Design Patent ,
Intellectual Property Litigation ,
Marijuana ,
Marijuana Related Businesses ,
Retail Market ,
THC ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
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...more
1/23/2024
/ Agribusiness ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Deceptively Misdescriptive ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state. Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL...more
12/20/2023
/ Cannabis Products ,
Farm Bill ,
Goods or Services ,
Hemp ,
Hemp Cultivation ,
License Agreements ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Retail Market ,
Texas ,
THC ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
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
7/19/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Marijuana ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
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...more
6/8/2023
/ Agribusiness ,
Cannabis Products ,
Controlled Substances Act ,
Drug Paraphernalia ,
Federal Trademark Register ,
Intellectual Property Protection ,
Marijuana ,
Supremacy Clause ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
This 4/20, patent owners with Intellectual Property (“IP”) related to cannabis have one more reason to celebrate as they may be able to enforce their rights against infringers in federal court. IP rights may provide an...more
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...more