The Trademark Trial and Appeal Board’s recently issued precedential decision dismissing an opposition alleging a likelihood of confusion between the registered mark SMOK and a pending application for the mark SMOKES and...more
Thank you for reading the November 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we address a precedential TTAB decision that presents interesting priority issues relating in particular to the...more
12/1/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Domain Name Registration ,
Domain Names ,
gTLD ,
ICANN ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Sunrise Periods ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Websites
Trademark owners and practitioners have some extra reasons to celebrate this year, as the majority of the Trademark Modernization Act went into effect on December 18, 2021. Among other benefits for trademark infringement...more
12/24/2021
/ Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Ex Partes Reexamination ,
Expungement ,
Trademark Application ,
Trademark Infringement ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademarks ,
USPTO
The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in...more
12/23/2021
/ Acquisitions ,
Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Domain Name Registration ,
Domain Names ,
Ex Partes Reexamination ,
Expungement ,
gTLD ,
ICANN ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pfizer ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sunrise Periods ,
Trademark Application ,
Trademark Infringement ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademarks ,
USPTO ,
Websites
On September 29, 2021, the House Judiciary Committee held a mark-up session of the Marijuana Opportunity Reinvestment and Expungement Act (MORE), which not only would de-classify cannabis as a Schedule I narcotic under the...more
10/5/2021
/ Banking Reform ,
Banking Sector ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Criminal Penalties ,
Decriminalization of Marijuana ,
Drug Possession ,
Financial Institutions ,
Financial Services Industry ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Schedule I Drugs
Future Intentions Not Enough to Pave the Road to Registration -
“Reduces pain,” “alleviates anxiety,” “improves sleep” – these are just some of the claims of the miraculous CBD. The surfeit of new CBD brands and products...more
10/4/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Intellectual Property Protection ,
Intent-to-Use ,
Trademark Act ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more
10/1/2021
/ Banking Reform ,
Banking Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Criminal Penalties ,
Decriminalization of Marijuana ,
Domain Name Registration ,
Domain Names ,
Drug Possession ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Financial Institutions ,
Financial Services Industry ,
gTLD ,
ICANN ,
Intellectual Property Protection ,
Intent-to-Use ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Schedule I Drugs ,
Sunrise Periods ,
Trademark Act ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In the June 2021 issue of MarkIt to Market®, Watching the PotTM featured a cannabis-themed crossword puzzle. Here we provide the "Cannandrum: Can You 'Hash' It Out?" answer key. We hope you enjoyed solving this puzzle!...more
On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more
7/28/2021
/ Advertising ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Dispensaries ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels ,
Proposed Legislation ,
Recreational Use ,
Trademark Registration ,
Trademarks ,
TTB
[co-author: Richa Patel, Summer Associate]
The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more
7/26/2021
/ Advertising ,
Artists ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Dispensaries ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Fluid Trademarks ,
Food and Drug Administration (FDA) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Interstate Commerce ,
Logos ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels ,
Proposed Legislation ,
Recreational Use ,
Trademark Registration ,
Trademarks ,
TTB
Cannandrum: Can You "Hash" It Out?
With summer now underway, please enjoy this cannabis-themed crossword puzzle! Stay tuned for the answers in next month's issue of MarkIt to Market®....more
The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more
6/29/2021
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Evidence ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Intent to Defraud ,
Marijuana ,
Marijuana Related Businesses ,
Patents ,
The Copyright Act ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
USPTO
On February 4, 2021, Congress introduced another CBD deregulation bill, H.R. 841 – Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2021, which, like H.R. 8179, legalizes marketing of hemp, CBD,...more
Naughty With Nature -
Last week, the FDA issued two warning letters to companies selling drugs where CBD is listed as an ingredient on the label. The FDA’s “naughty list” of companies manufacturing CBD-ingredient drugs is...more
The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more
4/5/2021
/ Artists ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Copyright ,
Copyright Infringement ,
Dietary Supplements ,
Fair Use ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Related Businesses ,
Intellectual Property Protection ,
Jurisdiction ,
Marketing ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Photographs ,
Proposed Legislation ,
Substantially Similar ,
Trademarks ,
Warning Letters
Trailblazing Legislation to Watch in 2021 -
Welcome to our first installment of Watching the Pot™, which will provide summaries on recent buzz-worthy cannabis information, including decisions, legislation, news, and cases...more
12/30/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Dispensaries ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Trademark Registration
Creativity abounds in the CBD industry – both in the wide variety of products infused with it, and in the efforts undergone by applicants trying to circumvent the Trademark Act to register per se unlawful CBD-infused...more
10/3/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commerce Clause ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Intellectual Property Protection ,
Marijuana ,
Trademark Act ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
Use in Commerce ,
USPTO
On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim final rule establishing a national regulatory framework for domestic hemp production, called the U.S. Domestic Hemp Production...more
12/4/2019
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Cultivation ,
Interstate Commerce ,
Personal Brands ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
Transportation Industry ,
USDA ,
USPTO