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
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
On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim rules allowing for the legal cultivation of hemp under the 2018 Farm Bill. With these rules in place, the USDA can start...more
11/8/2019
/ Agricultural Sector ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Cultivation ,
Interim Rule ,
Trademark Registration ,
Trademarks ,
Tribal Lands ,
USDA
The October 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses three "lawful use" cannabis trademark decisions, a recent FTC settlement with a cosmetics company, and the USDA's newly issued interim rules...more
11/1/2019
/ Cannabis-Related Businesses (CRBs) ,
Cosmetics ,
Domain Names ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
gTLD ,
Hemp ,
Interim Rule ,
Online Reviews ,
Settlement Agreements ,
Sunrise Periods ,
Trademarks ,
USDA
Many cannabis and investor news outlets recently reported that the United States Patent & Trademark Office (USPTO) awarded what appears to be the first patent for a hemp strain to Denver-based Charlotte’s Web Holdings...more
Products containing cannabidiol (“CBD”), a compound derived from cannabis, are part of a growing market that some analysts have projected will reach over $2.3 billion by 2022. CBD products—from gummy bears and pet products to...more
8/1/2019
/ Cannabis Products ,
Controlled Substances Act ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Intellectual Property Protection ,
Marijuana Related Businesses ,
Regulatory Oversight ,
Trademarks ,
USDA ,
USPTO
Products containing cannabidiol (“CBD”), a compound derived from cannabis plants, are part of a growing market segment that is on a fast-track to becoming global within the next five years. CBD-containing products, from gummy...more
Legal or not, the cannabis industry is booming. Indeed, analysts have projected that in North America alone it will grow from $9.2 billion in 2017 to $47.3 billion in 2027. Despite marijuana’s illegal status in most...more
6/14/2019
/ Canada ,
Cannabis Products ,
Conflicts of Laws ,
Decriminalization of Marijuana ,
European Patent Office ,
Global Patent Prosecution ,
Hemp ,
Patent Cooperation Treaty ,
Patents ,
United Nations ,
USPTO ,
World Health Organization
Despite marijuana’s illegal status in most countries, the patent arms race for cannabis has already begun. Indeed, analysts have projected that in North America alone the cannabis industry will grow from $9.2 billion in 2017...more
We have been tracking the flurry of regulatory activity surrounding hemp-derived cannabidiol (CBD) following passage of the Farm Bill in 2018. As more companies enter the CBD consumer space, branding will play a key role....more
The April 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses the legal status of cosmetic products containing hemp-derived CBD and guidance on “point of sale” specimens sufficient to support...more
Consumer products containing cannabidiol (CBD) are part of a growing market segment that—legal or not—is booming. Because cannabis is largely viewed as a commodity, branding and intellectual property in this space are...more
4/8/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances ,
Controlled Substances Act ,
Corporate Branding ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana Cultivation ,
Medical Marijuana ,
Trademark Registration ,
Trademarks ,
USDA
Eleven of thirteen cannabis patent claims survive PTAB challenge.
Insys Development Company, Inc. filed a petition requesting inter partes review of claims 1-13 of GW Pharmaceutical Ltd.’s patent directed to the use of...more
1/28/2019
/ Biopharmaceutical ,
Cannabidiol (CBD) oil ,
FDA Approval ,
Hemp ,
Inter Partes Review (IPR) Proceeding ,
Marijuana ,
Obviousness ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Prior Art