News & Analysis as of

Decriminalization of Marijuana Marijuana Motion to Dismiss

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Burns & Levinson LLP

The Exhaustion of Marijuana Legalization

Burns & Levinson LLP on

On May 30, 2019, the U.S. Court of Appeals for the Second Circuit ?—in an opinion delivered by the eminent Guido Calabresi?— offered the cannabis industry a glimmer of hope in its pursuit of the federal legalization of...more

McDermott Will & Emery

If the DEA Does Not Quickly Reexamine Marijuana’s Classification Under the Controlled Substance Act, the Second Circuit Might

McDermott Will & Emery on

“Plaintiffs claim that marijuana has extended their lives, cured seizures and made pain manageable. If true, these are no small things.” So wrote Judge Calabresi on behalf of the United States Court of Appeals for the Second...more

Farrell Fritz, P.C.

Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

Farrell Fritz, P.C. on

Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA)....more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

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