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How To Protect Your Cannabis Trademarks in a Legal Landscape That Is Half-Baked

LexBlog IP

Acquiring State Trademarks The most obvious (and widespread) option to protect a cannabis trademark is to obtain trademark registrations in all states where the mark is being used. In trademark law, the first use of a mark within a territory typically establishes trademark ownership in that territory.

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Avoiding a Bad Trip: How Cannabis Companies Can Mitigate the Risk of an Infringement Lawsuit

LexBlog IP

However, two relatively recent Supreme Court decisions have made it possible to potentially challenge the constitutionality of the dilution provisions set forth under federal trademark law (i.e., The longer the parodied product is on the market, the higher the exposure. the Lanham Act). His bio can be viewed here.