IP Law 360

FEBRUARY 26, 2024

A photographer who accused a cannabis licensing firm of using his image of the Empire State Building to push sales without his say-so has quietly dropped his copyright suit in New York federal court.

Copyright 59

Copyright Licensing 59

IP Watchdog

MAY 9, 2023

over a patent infringement suit brought against it by United Cannabis Corporation. 9730911, covers “Cannabis Extracts and Methods of Preparing and Using Same.” United Cannabis sued Pure Hemp for infringement in July 2018, but, following United Cannabis’ bankruptcy proceedings, the parties stipulated to the dismissal of the patent case.

Patent 75

Patent Patent Infringement Litigation Intellectual Property 75

JD Supra Law

APRIL 24, 2023

This 4/20, patent owners with Intellectual Property (“IP”) related to cannabis have one more reason to celebrate as they may be able to enforce their rights against infringers in federal court. announced its intent to acquire fellow cannabis company Hexo Corp., This was demonstrated when Tilray Brands, Inc. By: Seyfarth Shaw LLP

Intellectual Property 98

Intellectual Property Patent Branding Brands 98

IP Law 360

JULY 29, 2022

As the legal cannabis industry burgeons into a multibillion-dollar industry, unique compliance considerations are arising. In this Expert Analysis series, in-house counsel at cannabis companies discuss the biggest issues they're navigating in this ever-evolving area of law.

Law 98

Law 98

LexBlog IP

MARCH 6, 2024

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But cannabis companies, along with their counsel, should evaluate the potential costs and benefits of pursuing these strategies to protect their businesses. in relation to urban music and the hemp/cannabis industry.”

Intellectual Property 52

Intellectual Property Registration Trademark IP 52

JD Supra Law

JUNE 22, 2023

Even in the years before cannabis turned into a billion-dollar industry, celebrities associated with cannabis have found their way to use their public profile for entrepreneurial reasons within the culture and industry of this plant. By: Cultiva Law, PLLC

Branding 68

Branding Brands Branding Law 68

JD Supra Law

JANUARY 19, 2024

Addressing the issue of analogous trademark use, the Trademark Trial & Appeal Board designated precedential a September 6, 2022, decision in which the Board cancelled a registration for CAPTAIN CANNABIS based on the petitioner’s evidence of prior use that was “analogous to trademark use.” Laverne John Andrusiek v. 92064830 (TTAB Jan.

Registration 109

Registration Trademark Designs Design 109

JD Supra Law

MAY 12, 2023

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the Same. By: Weintraub Tobin

Litigation 98

Litigation Patent 98

IP Law 360

JULY 21, 2022

A California federal judge has signed off on a consent decree between the makers of Skittles and Starburst and the owner of a cannabis edibles company, with the deal stipulating that the cannabis company stop selling products that mimic the candies' logos, in addition to monetary penalties.

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98

Stock Legal Blog

MAY 2, 2023

Hello and welcome back to Stock Legal’s blog series on Cannabis Microbusiness Licenses in Missouri! In this post, we will focus on the different types of microbusiness cannabis licenses available, and how they differ from the previously awarded commercial cannabis licenses.

Licensing 52

Licensing Blogging 52

JD Supra Law

SEPTEMBER 15, 2023

As more states legalize cannabis and the industry experiences ongoing growth, we are witnessing a rising trend of acquisitions and sales within this sector. While buying and selling a business is a complex process for any industry, there are unique considerations to keep in mind when buying or selling a cannabis business.

Business 73

Business 73

IP Law 360

JANUARY 4, 2024

The Trademark Trial and Appeal Board has made precedential a decision that sided with a comic book creator in a dispute over the "Captain Cannabis" trademark.

Trademark 52

Trademark 52

IP Law 360

NOVEMBER 8, 2022

The evolution of cannabis consumption laws, paired with the growing demand for immersive and out-of-home entertainment, creates unique opportunities that may help companies survive price and market fluctuations — if they can navigate a complex maze of state laws and regulations, say Bryan Bergman and Wendy Heimann-Nunes at Nolan Heimann.

Marketing 98

Marketing Marketing Law 98

Stock Legal Blog

APRIL 27, 2023

Hello, and welcome to the Missouri cannabis market post-passage of Amendment 3 , where adult-use sales, and consumption of cannabis in Missouri was legalized for any adult aged 21 and older. This blog series is designed to help you better understand the rules and limitations around Missouri’s microbusiness cannabis licenses.

Licensing 52

Licensing Blogging Designs Design 52

JD Supra Law

AUGUST 31, 2023

Over a decade has passed since recreational cannabis began to see legalization at the state level. Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. By: Dickinson Wright

Branding 81

Branding Brands Branding Litigation 81

JD Supra Law

DECEMBER 27, 2021

As more states legalize cannabis, companies are dealing with the absence of national trademark uniformity. Currently, there is no legal mechanism to obtain a trademark to sell cannabis across state lines. Instead, companies are limited to state-wide trademarks.

Trademark 106

Trademark Marketing Marketing Business 106

IP Law 360

AUGUST 2, 2022

If it becomes law, a portion of the federal funding bill package that recently passed the House would allow for cannabis ads to be broadcast on local television and radio, creating an entirely new avenue for cannabis advertising that would require businesses to consider states' cannabis-specific statutory prohibitions, consumer protection laws and (..)

Television 98

Television Advertising Advertising Business 98

Traverse Legal Blog

JANUARY 26, 2021

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

Trademark 97

Trademark Registration Branding Brands 97

JD Supra Law

SEPTEMBER 6, 2022

With an increasing number of states legalizing the growth, sales, and use of medicinal and recreational marijuana, the cannabis industry is becoming an increasingly prevalent force in national and world markets.

Intellectual Property 98

Intellectual Property Business Marketing Marketing 98

JD Supra Law

DECEMBER 8, 2023

By: Foley Hoag LLP - Cannabis and the Law More so, those brands must apply for that license by December 18 in order to enter into such agreements.

Branding 75

Branding Brands Branding Licensing 75

JD Supra Law

SEPTEMBER 7, 2023

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark. By: Dickinson Wright

Trademark 73

Trademark Branding Brands Branding 73

IP Law 360

JULY 3, 2023

Skittles creator Wrigley and cannabis company Terphogz told an Illinois federal judge Monday they have reached a settlement over Terphogz's marketing and sales of its cannabis products under "Zkittlez," which includes a permanent injunction prohibiting the company from ever using the "Skittles" or "Zkittlez" marks and giving up a similarly named website. (..)

Settlement 75

Settlement IP Marketing Marketing 75

JD Supra Law

DECEMBER 14, 2022

The following post explores the bioavailability and efficacy of various cannabis products, followed by a brief overview of the legal protection afforded to each as an intellectual property asset. By: Seyfarth Shaw LLP

Technology 112

Technology Intellectual Property 112

JD Supra Law

AUGUST 20, 2021

In this Industry Snapshot, we review the cannabis plant patents issued by the U.S. A plant patent is granted to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. By: Jason Nolan

Patent 117

Patent Inventor Invention 117

JD Supra Law

OCTOBER 2, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. This article seeks to briefly cover what in the cannabis industry can and cannot be federally trademarked and where the laws are heading.

Law 70

Law Trademark Law Trademark Business 70

IP Law 360

OCTOBER 20, 2023

The Federal Circuit has sided with a comic book creator in a dispute over the "Captain Cannabis" trademark, finding the U.S. Patent and Trademark Office acted within its discretion in finding the creator has priority, thanks to the trademark's use in publications like High Times Magazine.

Trademark 75

Trademark Patent 75

JD Supra Law

MAY 12, 2023

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized. In 2016, National Concession Group, Inc. NCG) filed an application to register the mark “BAKKED” (Serial No. By: Bradley Arant Boult Cummings LLP

Trademark 98

Trademark Designs Design 98

IP Law 360

SEPTEMBER 30, 2022

An intervenor complaint filed by the city of New York in a cannabis trademark suit can continue because it has plausibly alleged that a vendor who riffed on city logos has marks that are counterfeit under the Lanham Act, a federal judge has ruled.

Trademark 98

Trademark 98

IP Law 360

SEPTEMBER 12, 2023

A photojournalist who documented some of the 1990s' top hip-hop figures has settled a copyright infringement suit against cannabis dispensary finder Leafly, which was alleged to have illegally posted his photography of Tupac Shakur on its website.

Copyright Infringement 75

Copyright Infringement Copyright 75

JD Supra Law

OCTOBER 18, 2023

Background - UCANN filed suit in the District of Colorado in July 2018, accusing Pure Hemp of infringing the ’911 patent, entitled “Cannabis Extracts and Methods of Preparing and Using the Same.” This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense. 285, 28 U.S.C.

Patent 68

Patent 68

JD Supra Law

NOVEMBER 15, 2023

Apologies for the cannabis puns in the title, but they are required by law. But it is true that trademark protection is important for individuals in the cannabis industry. Okay, you are correct. That is not true. Earlier this month, Ohio became the 24th state in the U.S. to legalize recreational marijuana.

Trademark 73

Trademark Law 73

Greenspoon Marder LLP

MAY 12, 2022

The post Big Candy and Big Food Companies Ask Congress To Intervene on Illicit Cannabis Packaging appeared first on Greenspoon Marder LLP. As Congress continues […].

Blogging 124

Blogging Intellectual Property 124

IP Law 360

NOVEMBER 3, 2022

California's Department of Cannabis Control has convinced a state trial judge to hit a cannabis company CEO with sanctions after he ignored discovery orders in a case accusing him of drenching the regulated market with $64 million worth of unlicensed gummies.

Marketing 75

Marketing Marketing 75

JD Supra Law

AUGUST 13, 2021

Cannabis Projections and Patents- Current projections indicate that the cannabis industry will grow from $9.2 For example, Coca-Cola has been in talks with Aurora Cannabis to develop drinks infused with CBD. billion in 2017 to $47.3 billion in 2027.

Intellectual Property 102

Intellectual Property Intellectual Property Law Law Patent 102

IP Law 360

FEBRUARY 8, 2023

German supplement company PM-International AG is suing a cannabis product maker over the use of its Nutrient Transport Concept — or NTC — trademark, saying the cannabis company copied the mark after its co-founder had worked as an independent distributor for PM.

Trademark 75

Trademark Copying 75

JD Supra Law

JULY 8, 2021

Armed with a shiny new corporate credit card, I strolled into a cannabis dispensary and prepared to buy some marijuana. No, I wasn’t stressed about my new job; I was on the hunt for cannabis infused candy knocking off Hershey’s iconic brands.

Branding 102

Branding Brands Branding 102

IP Law 360

AUGUST 18, 2022

A California cannabis company has agreed to drop a lawsuit over whether a corporation in New York adopted its brand name, committing trademark infringement.

Trademark 97

Trademark Branding Brands Branding 97