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
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
Cannabis companies and (depending on the state) brands often use license agreements to grow their brands. If done correctly, they can be a huge driver of revenue for the brands and licensees, and can grow the good will of the brand across a particular territory. However, they are notoriously easy to botch. A bad license
Cannabis companies are often unclear about what edible products are legal to manufacture and distribute. While some cannabis edibles may be legal on a state level, federal regulations prohibit placing some cannabinoids in food altogether. This legal landscape is often confusing for cannabis edibles manufactures, who see their products as a natural expansion of cannabis
The impact on Delta-8 THC (“D8”) of AK Futures v. Boyd Street Distro, a 2022 Ninth Circuit decision, has been widely exaggerated. As my colleague Griffen Thorne explains: What AK Futures actually did was affirm a preliminary ruling in a trademark dispute where legality of delta-8 products was one of a number of issues at play. In order to
We are seeing in an uptick in China-related matters involving cannabis brands. Here are three tips for cannabis brands that are getting their products made in China: 1. Sign a Contract As I recently wrote in our sister blog, “while having a contract provides no guarantee of smooth operations or favorable dispute resolution, a well-drafted
Cannabis businesses use non-disclosure agreements (NDAs) constantly. This may be due to a series of factors, or some combination thereof: 1) the relative hardship of acquiring and protecting intellectual property over marijuana-related processes and products, today and historically; 2) a general modus operandi of “close to the vest” dealings in an industry that historically was
Cannabis rescheduling appears to be a matter of time and my colleagues have written about the possible implications (see here, here, and here). Rescheduling to a less restrictive category will also have implications for trademarking by cannabis brands. By broadening the legality of cannabis goods and services, rescheduling will also make more canna trademarks eligible
