Almost exactly a year ago, I wrote about the uptick in cannabis business suing one another for trademark infringement (as opposed to non-cannabis companies suing cannabis companies, which happens a lot and which you can read about here, here, and here). The example at hand was the litigation between Harvest Dispensaries Cultivation & Production Facilities,
If you aren’t familiar with the TCPA, you should familiarize yourself with this important statute that is currently sparking a ton of litigation in the cannabis industry. The TCPA stands for the Telephone Consumer Protection Act – a statute that was passed in 1991 to fight the incessant “robocalls” that were plaguing consumers at the
Earlier this month the Canadian Federal Court handed retail toy store Toys “R” Us a victory in its trademark lawsuit alleging “depreciation of goodwill,” among other causes of action including trademark infringement and “passing off,” against B.C., Canada-based dispensary, Herbs “R” Us. For reference, the two logos can be seen above. Toys “R” Us was
Recently, I mentioned that except for Champ v. Commissioner, no cannabis company has ever won an Internal Revenue Code § 280E case. One of the more famous setbacks was a 2018 case known as Harborside v. Commissioner, which expressly found IRC § 280E constitutional. That decision started with the memorable line that: “[Harborside] owns what
The Oregon Liquor Control Commission (“OLCC”) is tasked with regulating medical and recreational cannabis in Oregon and this includes commencing administrative enforcement proceedings against licensees found in violation of one or more rules. The OLCC may seek sanctions against licensees ranging from a monetary penalty and/or a period of suspension to license cancellation. We sat
Several months I wrote an article about CBD and false advertising under the Lanham Act and noted an important case on the docket of the U.S. Supreme Court concerning damages in trademark cases, Romag Fasteners, Inc. v. Fossil, Inc. (Supreme Court Docket No. 18-1233). As you may recall, the Lanham Act, also known as the
In this post, I want to explore something very significant that a lot of people gloss over when reviewing contracts: non-compete clauses. Non-compete clauses are exactly what they sound like: they prohibit one party from competing with another. A common example of a non-compete is in an executive employment agreement, where an executive of a
We regularly write about arbitration as an alternative to litigation on this blog and on our sister blog, the China Law Blog. Topics have included the pros and cons of arbitration in the cannabis industry, international arbitration issues, and U.S. Supreme Court cases: Cannabis Litigation 101: Arbitration Cannabis Arbitration: The Good, The Bad, and The
The online sales of cannabidiol (“CBD”), including hemp-derived CBD products, have ramped up in response to the coronavirus (“COVID-19”) pandemic. Regrettably, during these uncertain times, a handful of CBD companies have been taking advantage of people’s fear and anxiety over the spread of the virus, making certain claims that CBD can treat and even cure
Earlier this month, the company now known as LeafedOut, but formerly known as LeafedIn, reached a settlement with LinkedIn over allegations of trademark infringement. As readers of this blog are well aware, this is not the first instance of a non-cannabis party alleging trademark infringement by a cannabis company: What NOT to do with your
