In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more
9/11/2024
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cease and Desist Orders ,
Enforcement ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
Marketing ,
Product Packaging ,
Public Health ,
Regulatory Agenda
What do UPS and TAPATIO hot sauce have in common? Based on recent California Court filings, both companies are serious about protecting their trademarks from infringement by entities in the cannabis space.
In 2019, both...more
5/31/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dilution ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Misappropriation ,
Settlement Agreements ,
Tarnishment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Treble Damages ,
Unfair Competition ,
Willful Infringement
The Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) jointly sent warning letters on April 3, 2019 to companies that advertise and sell cannabidiol (CBD) containing products via internet...more
5/30/2019
/ Cannabidiol (CBD) oil ,
Dietary Supplements ,
Farm Bill ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Health and Safety ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Marketing ,
Pharmaceutical Industry ,
Product Labels ,
Regulatory Oversight ,
Social Media ,
Websites
Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more
3/1/2019
/ Attorney's Fees ,
Consumer Confusion ,
Corporate Branding ,
Cosmetics ,
Damages ,
False Advertising ,
False Designation of Origin ,
Fashion Industry ,
FDA Approval ,
First Sale Doctrine ,
Gray Market Goods ,
Imports ,
Injunctive Relief ,
Lanham Act ,
Materiality ,
Product Packaging ,
Quality Control Plan ,
Tariff Act of 1930 ,
Tortious Interference ,
Trademark Exhaustion ,
Trademarks ,
U.S. Customs ,
Unfair Competition
In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified the scope of the doctrine of trademark mutilation....more
Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more
In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the I "Heart" DC marks owned by an individual, Jonathan A. Chien...more
Partner Thomas Yee and Associate Jonathan Menkes presented "10 IP Pitfalls Startups Should Avoid" to a group of local startup companies.
...more