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Parlez-vous Francais? New Language Requirements in Effect in Québec in June 2025

Established through the Charter of the French Language, French is the official language of the Province of Québec. The Charter applies to businesses located in Québec and to other businesses providing services and selling...more

Are Color Trademarks on Product Packaging Inherently Distinctive?

On April 8, 2020, the Court of Appeals for the Federal Circuit issued a decision on an appeal from the refusal of registration of a color trademark by the Trademark Trial and Appeal Board. In this case, the applicant, Forney...more

Some CBD Trademarks Are Now Federally Registrable Based on New Guidance from the USPTO

The United States Patent and Trademark Office will now allow federal trademark registration for marks used on some hemp-based products, including those containing hemp-derived CBD, except for foods, beverages, dietary...more

PTO Proposes Requiring Foreign Trademark Owners to Obtain U.S. Counsel

On the heels of launching its expedited cancellation program to clear deadwood from the Trademark Register, the U.S. Patent and Trademark Office has now pivoted to a related area: deadwood prevention. The PTO has issued a...more

Dorsey Chairs Panel on Cannabis Marketing and Branding Issues

While a number of Dorsey lawyers have just returned from MJBizCon, Dorsey also recently led a panel on U.S. and Canadian cannabis branding and marketing issues at the Annual Marketing Law conference of the Association of...more

Only in Canada, eh? Canada’s Broad Interpretation of Trademark “Use” Gives U.S. Retailers A Big Leg Up

Two recent decisions of the Federal Court of Canada pave the way for U.S. and other non-Canadian businesses to secure and maintain trademark rights for their retail or hotel operations even where they do not have a bricks and...more

Cannabis Shirt Battle Costs Iowa State Almost $1M

We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an on-campus pro-cannabis group, and the free speech implications of this...more

Cannabis Branding and Free Speech Considerations

A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

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