I have advised countless cannabis companies, both start-up and well-established, on how to choose a strong brand and ideally, how to avoid trademark litigation down the line. But inevitably, clients come to me (even those who put a lot of thought into choosing their trademarks) with cease and desist letters and notices of opposition that…
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Cannabis Litigation: Second Circuit Could Force DEA to Re- or Deschedule Marijuana
Uncategorized June 1, 2019
A split decision decided last Thursday, May 30, by the Second Circuit Court of Appeals reflects a lack of patience with U.S. Drug Enforcement Administration (DEA) when it comes to DEA’s handling of petitions to remove marijuana from the list of most dangerous drugs. As most of our readers likely know, the Schedule of Controlled…
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Resolve cannabis business disputes better outside of court — IF you have the right clause in your contracts. You may have heard about contractual agreements for “good faith” negotiations, mediation, arbitration and combinations of these techniques. When used properly, these techniques can save you significant time, money and lost productivity by avoiding a long courtroom…
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California Cannabis Litigation: Alta Sierra v. Kern County and Protecting the Will of the Voters
CaliforniaUncategorized May 18, 2019
Kern County has a long and sordid history when it comes to regulating cannabis. There has been over a decade of allegations of corruption, bribery, arrests, and a plethora of lawsuits. Long story short, in March of 2009, the County passed an ordinance that permitted medical marijuana dispensaries throughout the County as long as they…
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Oregon Hemp Litigation: Multi-Million Dollar Crop Delivery Lawsuit Filed
HempOregonUncategorized May 16, 2019
We recently wrote about hemp production contracts, noting that scope and scale of commercial hemp production and the related contracts and lawsuits are likely to dwarf the dollar values we typically see in recreational marijuana. That post discussed a $57 million lawsuit arising from a hemp production contract and lists some issues for growers and…
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We’ve referenced the Trademark Trial and Appeals Board (TTAB) in numerous posts related to protecting your cannabis trademarks, but many clients come to me unaware of the functions of the TTAB. This post will give a basic rundown of what the TTAB does, and what the trademark opposition process looks like. This process is something…
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Cannabis Patent Litigation Update: The 911 Patent Passes the (Alice) Test!
Uncategorized May 9, 2019
As promised, here’s an update on the first ever cannabis patent infringement case, which we’ve previously written about here and here. Since it’s been a little while – plaintiff United Cannabis Corporation (“UCANN”) owns the “911 Patent,” which generally covers liquid cannabinol formulations of a purified CBD and/or THC greater than 95%. Last July, UCANN…
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As everyone knows by now the 2018 Farm Bill legalized hemp production by de-scheduling the crop under the Controlled Substance Act. We’ve written extensively about federal hemp rules and regulations as well as those in California, Oregon and Washington. We’ve also addressed hemp in terms of USDA Organic Certification, international trade issues, and the FDA stance on…
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Cannabis Securities Litigation: Hawaii Federal Court Denies Motion to Stay Civil “Pump and Dump” Case Pending Resolution of Parallel Criminal Proceedings
CaliforniaHawaiiUncategorized May 5, 2019
Cannabis is hyped as a hot investment, and it can be, though it is not without risk as a recent CNN article points out. (See also links below). Setting aside issues concerning the federal prohibition on marijuana, the cannabis industry’s path from the black market to legalization has been rife with hucksters and promises of…
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Our California, Oregon and Washington cannabis lawyers often receive calls from panicked license holders facing violations from cannabis agencies. These violations have included monetary penalties, notices of non-renewal or straight up cancellation. If you’re a cannabis licensee, you know that the license is your most valuable asset. Without it, your business would no longer be…
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