Cannabis Patent Litigation Update: Is Extraction and Preparation Prior Art?
Uncategorized March 4, 2019
About six months ago, we posted news of the first ever cannabis patent infringement case. As a reminder, the case was initiated by United Cannabis Corporation (“UCANN”) in the United States District Court, District of Colorado against its in-state competitor, Pure Hemp Collective Inc. (“Pure Hemp”). The subject patent is U.S.P. 9,730,911 – “cannabis extracts…
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UPS Sues Multiple Cannabis Delivery Companies for Trademark Infringement
Uncategorized February 17, 2019
As ardent followers of this blog are well aware, one of my favorite pastimes is keeping tabs on who is suing whom in the cannabis industry for trademark infringement. These lawsuits serve as great examples for my clients of what NOT to do when choosing a brand for their company. The last couple of years…
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California Cannabis Trademarks Could Get a Legislative Boost
CaliforniaUncategorized February 10, 2019
State trademarks for cannabis goods and services have been an ongoing saga in California that we have written about extensively. For a little background, until January 1, 2018, obtaining state trademark protection in California was not possible due to Sections 14270-14272 of the Model State Trademark Law of the California Business and Professions Code, which…
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With Canada’s new trademark law set to take effect on June 17, 2019, U.S. cannabis companies should be considering whether it makes sense for them to file for trademark protection in Canada. Most significantly for foreign applicants, a Declaration of Use will no longer be required, meaning that you do not need to actually use…
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Practical Tips for Your Cannabis Co-Branding Deals
Recreational MarijuanaUncategorized January 23, 2019
I’m currently advising multiple cannabis clients that are seeking to enter into co-branding deals, some with other cannabis companies, some with non-cannabis companies, and some of these clients were initially unaware of the potential risks to their intellectual property (“IP”) that could result from a poorly-drafted agreement (or from failure to adequately protect their IP…
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If You Register Your Cannabis Trademark, Beware of Scams
Uncategorized January 12, 2019
We hear from clients on a regular basis who receive fraudulent notices pertaining to their U.S. federal trademark applications, and because we’ve seen an uptick in these scams over the last month, we thought it would be prudent to publish a PSA on the topic, together with what to look out for if you are…
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The California Cannabis Packaging and Labeling Mess Will Soon Begin
CaliforniaMedical MarijuanaRecreational MarijuanaUncategorized January 4, 2019
In early December, California’s cannabis regulators released their proposed final regulations. If the regulations aren’t changed, it’s expected that they will take effect at some point this month, or shortly after. These regulations have some pretty important changes from the current readopted emergency regulations. One of the notable areas of change is the packaging and…
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Will the 2018 Farm Bill Open the Door to CBD Trademarks?
HempUncategorized December 19, 2018
With everyone discussing the passage of the 2018 Farm Bill and its implications for the booming cannabidiol (CBD) industry, there is much speculation as to how the legalization of industrial hemp will affect the treatment of CBD by multiple government agencies, including the United States Patent and Trademark Office. Will the legalization of industrial hemp…
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Labeling CBD-Infused Foods: Part 2
HempUncategorized December 1, 2018
We previously discussed the need for manufacturers of CBD-infused foods and beverages (“Manufacturers”) to comply with the Food and Drug Administration labeling rules. However, such requirements are only one of many issues Manufacturers should worry about. Indeed, Manufacturers should also ensure: 1) that their name as well as their logo/design are not infringing on those…
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Is Your Cannabis “Trademark Use” Merely Ornamental?
Uncategorized November 22, 2018
The notion of ornamental trademark use is one that many of my clients are initially unaware of when they come to me seeking guidance on how to protect their brands. This is unfortunate, because it’s an important issue to understand in the cannabis industry, where the only federal trademark protection we can obtain is for…
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