Jihee is an experienced complex commercial litigator in Harris Sliwoski’s Portland and Los Angeles offices. She represents clients in business, intellectual property, and real estate matters. Having worked extensively in both federal and state courts, Jihee advises her clients from case intake through arbitration and trial.
A final judgment recently rendered in WM. Wrigley Jr. Company v. Roberto Conde, et al., is nothing short of a cautionary tale and a powerful reminder to cannabis companies: Parody is NOT a defense to trademark infringement in this type of commercial context. The parties We all know Wrigley – it’s a titan in the
While patent protection has been generally available for some time now, we’ve covered why patent protection has been largely limited for the cannabis industry (see this post). However, that isn’t going to stop patent infringement actions from reaching cannabis businesses, as can be seen from a recent case filed by a greenhouse builder. The complaint
In almost every cannabis litigation webinar we’ve done, and in many of our past posts discussing breach of cannabis contracts (the general breakdown of this claim is here), we’ve stressed the importance of memorializing good cannabis business agreements – in writing – to save yourself from potential or protracted litigation down the line. Still, even
Given the growth of both the cannabis industry and international trade, it’s more important than ever to understand the basics, and challenges of, purchasing cannabis-related goods overseas. Root Sciences, a cannabis extraction company, has been learning this the hard way. Last week, it initiated an appeal in the Federal Circuit last week after their lawsuit
Last week, a coalition of major food and beverage companies (self-identified as “consumer packaged goods companies”) asked Congress to do more about the growing number of copycat THC edible products and counterfeit trademarks piggybacking off of their well-known items. The letter was signed by the Consumer Brands Association and fourteen other associations and companies, including
Most people who are (luckily) not familiar with litigation believe alternative dispute resolution (or “ADR”) clauses in their contracts are essentially boilerplate language that’s recycled again and again in every contract. However, well-drafted ADR clauses can not only give you a huge advantage if an issue comes up, they may also cause your counterparty to
The days where the Federal Trade Commission (FTC) pays no mind to cannabis businesses (marijuana and hemp) are long gone. These days, the FTC is treating consumer complaints regarding hemp and marijuana businesses similar to complaints against businesses in other industries. The self-proclaimed mission of the FTC is to: “prevent anticompetitive, deceptive, and unfair business
When issues arise, many people think filing a lawsuit is the answer. That will initiate the litigation process, which will most likely involve an exchange of information and documents, the process of taking depositions, and probably some motion practice along the way. While in some cases it certainly is, we typically counsel new clients (and
OLCC rules are complex and change frequently, so compliance can be challenging and violations occur frequently. Over the years, we’ve represented clients in administrative proceedings across the west coast, and each system has its own quirks. Here are a few things to keep in mind if you find yourself in the process. Focus on compliance
Last week, the TTAB, or Trademark Trial and Appeal Board, refused to register AgrotecHemp Corp.’s “PUREXXXCBD” as a trademark for dietary supplements containing cannabidiol because the product was unlawful. Specifically, AgrotecHemp sought registration for goods identified as: “Plant extracts for pharmaceutical purposes; vitamins; dietary supplements; all of the foregoing containing CBD solely derived from hemp
