The creative defense that failed A trademark infringement defendant argued it couldn’t be sued in federal court because its cannabis business was engaged in illegal activity under federal law. This seemingly clever strategy fell flat in Colorado federal court, representing the latest decision in a growing trend of federal judges retaining cannabis-related litigation despite the
Cannabis intellectual property (IP) licensing deals can be complicated, presenting unique issues. Many companies expect the biggest hurdle to be state cannabis law compliance. Although this is certainly a major concern, it’s important to start with the brand licensing fundamentals by analyzing the validity and strength of the IP itself. With any licensing deal, the
This would be a good time to review the branding protection avenues available to cannabis business owners, and to discuss celebrity branding. There are three main ways a brand owner can establish trademark rights: By using the mark in connection with their goods or services (legally) in commerce; By registering the mark with the United
Understanding Trademark Strength We frequently discuss the cannabis-specific challenges that brands face when seeking trademark protection. But it’s just as important not to lose sight of the core trademark principles that apply to all businesses—especially the need for a strong, distinctive mark. Clients often approach us with catchy, creative names that, unfortunately, are (or are
For many cannabis brands, licensing their trademarks can be a savvy business move (for more information on cannabis trademarks generally, check out our webinar, Trademarking Cannabis: Cutting Through the Legal Haze). But it also comes with its own set of challenges. Unlike in most industries, cannabis operates in a complicated legal gray zone — which
REGISTER HERE The cannabis industry is expanding nationwide, but securing trademark protection remains a complex challenge due to federal restrictions and evolving state laws. If you’re a cannabis business owner, lawyer, or entrepreneur looking to protect your brand, you won’t want to miss our upcoming webinar on cannabis and trademarks. What You’ll Learn Our expert
Why So Many Cannabis Lawsuits, and How to Avoid Becoming One of Them The cannabis industry is one of the most lawsuit-heavy sectors in the country. Cannabis litigation is exploding. Judges are frustrated, businesses are losing money, and lawsuits that should never have been filed are clogging up the courts. If you run a cannabis
The days of smoking cannabis out of apples is over. Smoking devices are readily accessible in tobacco shops and cannabis retailers, and their production and sale are big business. Creative shapes and sizes impress and create unique smoking experiences. However, as states across the U.S. continue to legalize cannabis for medical and recreational use, the
On Thursday, November 7th, Vince Sliwoski and Fred Rocafort held a post election discussion “Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em”. Watch the replay! Key Takeaways from the “Smoke ’em if You’ve Got ’em – 2024 Post Election Cannabis Wrap” Webinar: Panelists: Vince Sliwoski: Oregon Business lawyer specializing in cannabis and commercial
We are pleased to announce the addition of an esteemed litigation team to the Oregon office. Matt Goldberg, Nicole Gossett-Roxbury, and Deb Fernando have joined our law firm from Lotus Law Group. They will continue to focus on high-stakes business and real estate litigation. Their clients include business owners and operators, investors, financial institutions, and
