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The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more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
[co-author: Joseph Diorio, Law Clerk]
The December 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the implications of Brexit on .eu domain names owned by UK registrants, recent cannabis legislation,...more
12/28/2020
/ Cannabidiol (CBD) oil ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Domain Name Registration ,
Domain Names ,
EU ,
gTLD ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Sunrise Periods ,
UK ,
UK Brexit
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
The September 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the state of the CBD industry, including a recent non-precedential TTAB decision regarding CBD-infused supplements, as well as the open gTLD...more
The USPTO has been working to combat misleading and fraudulent solicitations sent to federal trademark applicants/registrants and is calling on the public to report and identify these bad actors....more
7/24/2020
/ Fraud ,
Intellectual Property Protection ,
LinkedIn ,
Risk Management ,
Scams ,
Solicitation ,
Text Messages ,
Trademark Application ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
As of June 11, 2020, the USPTO’s Official Manual of Acceptable Identifications (ID Manual) has been revised to add, re-classify, and clarify existing entries for personal protective equipment such as masks and gloves....more
A June 16, 2020 precedential decision by the Trademark Trial and Appeal Board held that Federal trademark registration is not available for food, beverages, or nutritional/dietary supplements to which hemp-derived cannibidiol...more
7/17/2020
/ Cannabidiol (CBD) oil ,
Corporate Branding ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trademark Register ,
Hemp ,
Marijuana-Infused Edibles ,
Rebranding ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
Because copyright applications are not substantively examined, unlike patent and trademark applications, obtaining a copyright registration is typically viewed as relatively easy. Indeed, only a minority of copyright...more
The June 2020 issue of Sterne Kessler's MarkIt to Market® newsletter leads with breaking news of today's Supreme Court's decision in favor of Booking.com. Other topics discussed include copyright applications covering a...more
7/8/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Cannabidiol (CBD) oil ,
Copyright Applications ,
Coronavirus/COVID-19 ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
Personal Protective Equipment ,
Prioritized Examination ,
Scams ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
In a non-precedential opinion issued this month, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jos. A. Magnus & Co., LLC’s mark MAGNUS for “whiskey, gin, and...more
2/10/2020
/ Acquired Distinctiveness ,
Lanham Act ,
Prosecution History Estoppel ,
Surnames ,
Trademark Act ,
Trademark Application ,
Trademark Registration ,
Trademark Searches ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The January 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the following topics:
- The TTAB's affirmation to refuse a mark to distillery Jos. A. Magnus & Co.;
- Six trademark and copyright cases...more
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
The November 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent Federal Circuit design patent decision, the USDA's new hemp rules, and Moët Hennessy Louis Vuitton's acquisition of Tiffany & Co. We...more
A recent article in Marijuana Business Daily projected that the total economic impact of the cannabis industry will range from $39.2 billion to $48 billion in 2019. Despite this commercial potential, there remains little...more