As usual, we’ve been monitoring both brewing and active trademark disputes in the cannabis space, and the most recent example involves the institution that is the Girl Scouts. For background, here are some of the other disputes we’ve covered in the past: Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles Cannabis Trademark Litigation: Web…
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USPTO Grants Trademark for PSILOCYBIN, But Don’t Get Too Worked Up Yet
Uncategorized February 5, 2020
A few weeks back, Twitter was abuzz about the fact that the United State Patent and Trademark Office (“USPTO”) granted a federal trademark registration for the word PSILOCYBIN. The mark was registered by the company Black Pandas LLC and applies to the following services in Class 041: “Development and dissemination of education materials of others…
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This Psilocybin Patent Could Be a Really Big Deal
Uncategorized January 22, 2020
Last week, COMPASS Pathways announced its acquisition of US Patent No 10,591,175. What does that patent cover? Psilocybin! More specifically, COMPASS has locked down “methods of treating drug-resistant depression with a psilocybin formulation.” The company is also running a phase IIb clinical trial of its patented formulation, COMP360, which we covered in a blog post…
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Does Your Cannabis Business Qualify for Trademark Protection? The Answer is Most Certainly “Yes!”
Uncategorized January 21, 2020
We try to cover cannabis-related trademark issues thoroughly on this blog, because branding and trademark protection form the most basic foundation for most businesses. In our most recent posts, we’ve focused heavily on trademark disputes, because as the industry matures, litigation has become inevitable. For reference, you can check out some of the big trademark…
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On December 12, 2019, the EU General Court upheld an EU Intellectual Property Office ruling that blocked registration of a mark that “an average person would assume references marijuana use” because it was “contrary to public policy.” The mark in question was CANNABIS STORE AMSTERDAM with green cannabis leaves in the background, and the court…
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Cannabis Patent Litigation: the Presumption of Validity
Uncategorized December 10, 2019
I recently received an inquiry as to how difficult it would be to invalidate a competitor’s patent in litigation. In short, it’s pretty tough. A patent is deemed invalid “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have…
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Cannabis Trademarks: USTPO Denies Drake’s Attempt to Protect Canadian Cannabis Symbol in U.S.
Uncategorized November 28, 2019
Back in September Drake, via his Dream Crew company, applied for U.S. federal trademark protection for the warning symbol required on all recreational cannabis products that contain THC by the Health Canada. The symbol resembles a red stop sign with a black cannabis leaf and the letters “THC” prominently displayed: The application specified the following…
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Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles
Uncategorized November 19, 2019
Over the last couple of years, there has been quite a wide range of cannabis-related trademark disputes to write about on this blog, although most of those disputes have ultimately settled. Last year, Kiva Health Brands, LLC (“Kiva Health”) sued Kiva Brands Inc. (“Kiva Cannabis”) for trademark infringement, alleging that Kiva Cannabis’ “use of the…
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Cannabis Patent Litigation: Remedies for Patent Infringement
Uncategorized November 16, 2019
Continuing our discussion from last week, we received a few follow-up questions on whether patent litigation is really worth the trouble and what can be potentially recovered. In short, the amount of damages you can recover for patent infringement is outlined by statute. Here is a cursory discussion of the different types of damages that…
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Cannabis Topicals and Cosmetics: Join Us November 20th in Marina Del Rey!
CaliforniaHempUncategorized November 8, 2019
On November 20th, our own Alison Malsbury will lead a presentation on CBD & Cosmetics at the 2019 Emerging Issues Conference in Marina del Rey, California. Her presentation will focus on the contentious landscape of hemp and CBD topical products, which she has most recently written about here and here. As CBD continues to impact markets…
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