We regularly represent Oregon marijuana licensees in administrative proceedings commenced by the Oregon Liquor Control Commission (OLCC). As anyone with a license knows, the OLCC regulates medical and recreational cannabis in Oregon. This includes enforcing the administrative rules against licensees when the OLCC believes a licensee has violated the administrative rules found in Chapter 845,
The Facebook v. Duguid Supreme Court decision is here: “To qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.” Let’s back up.
Although Americans, and citizens of certain states in particular, have a reputation as a litigious bunch, the reality is that very few civil lawsuits actually go to trial. The vast majority of cases—perhaps more than 90%—end in settlement. This is certainly true in my practice and for most attorneys I know who specialize in business
In almost every litigation webinar we’ve done, and in many of our past posts discussing breach of contract (the general breakdown of this claim is here), we’ve stressed the importance of memorializing agreements in writing to save yourself from potential or protracted litigation down the line. Unfortunately though, we still get quite a few prospective
Last month, I wrote a post on the latest development in the trademark infringement lawsuit filed by Veritas Fine Cannabis (“VFC”) against Veritas Farms. Unfortunately for VFC, Magistrate Judge Michael E. Hegarty had issued a recommended order that the Court grant Veritas Farms’ motion to dismiss – and to dismiss the claims with prejudice (meaning,
Along with a robust cannabis practice, our law firm works with businesses around the globe on legal matters involving dispute resolution, customs, trade, employment, foreign direct investment, manufacturing, technology, intellectual property, and entertainment. Several years ago, these practice areas rarely overlapped; that is no longer the case. Our international and cannabis business lawyers now regularly
The latest case of trademark infringement involving a cannabis company provides a great illustration of a trademark concept that can be difficult to convey to clients, which is the concept of “likelihood of confusion” where two marks are not identical, or even all that close to identical. According to news reports, “Menthol cigarette brand Kool
Earlier this month, Circle K Stores Inc., owner and operator of the chain of Circle K convenience stores, filed a Trademark Trial and Appeal Board (“TTAB”) Notice of Opposition against Medical Marijuana, Inc., a California company with a pending U.S. federal trademark application for the following design mark (the “MM ‘K’ Mark”): The MM “K”
A couple of months ago, my colleague Vince Sliwoski wrote Oregon Cannabis Dispensary Sales: What We Are Seeing on Valuation, which focused on the secondary market for cannabis licenses and businesses. Vince explained that the retail market, i.e. the purchase and sale of dispensaries, is still mostly done on multiples of revenue. But what is
Earlier this fall, several news outlets reported on a lawsuit alleging that federal and state law enforcement agencies in California wrongfully destroyed a hemp grow worth more than $3 million. (See here, and here). The case, Agro Dynamics, LLC v. DEA, et al., was filed in the federal district court for the Southern District of
