This post written by Harris Sliwoski attorney Fred Rocafort was originally published on July 20, 2023 on The Trademark Lawyer website and is republished here with their permission. Candymaker Wrigley and Terphogz, LLC have reached a settlement in a high-profile lawsuit over Terphogz’s use of the mark ZKITTLEZ on cannabis products and other merchandise such
Oregon marijuana growers dreading the new aspergillus testing rule can exhale (for now). That’s because on Friday, August 25, the Oregon Supreme Court stayed enforcement of the new aspergillus testing rule pending a final hearing on the merits. This is a big deal! Kudos the Cannabis Industry Alliance of Oregon (CIAO) and the co-petitioners who
Most cannabis companies are not wound up properly; some cannabis companies (and their owners) suffer repercussions for this; and all cannabis companies (and their owners, and investors!) are well served by an orderly windup. This blog post will cover some basics on the cannabis business windup process. First, though, I want to address a point
On the heels of my last post discussing the limited situations under which a lawsuit can be filed against a cannabis business owner, today’s post will kick off a series of other ways you can protect yourself and exert leverage in a lawsuit. This is a key question as so many in the cannabis industry
I’ve been writing about the Chalice receivership process since late May, when Chalice Brands Ltd. (OTCMKTS: CHALF) filed an Oregon Circuit Court complaint. In that Oregon lawsuit, Chalice brought claims against five local subsidiaries to drive them into receivership, claiming some $35 million owed. The lawsuit was orchestrated with a parallel Canadian proceeding. Up north,
Oregon’s governor recently vetoed an effort to create a state bank for marijuana businesses, in another blow to the struggling industry. The lack of consistent, equitable access to banking has been recurring issue for Oregon marijuana businesses and those in other states. Federal reform through the Secure and Fair Enforcement Banking Act (SAFE Act) has
Over the last five years, I’ve done countless compliance reviews for cannabis product and CBD product labels, packaging materials, and products themselves. In all cases – not most, all – cannabis product labels needed at least one change. Product type, shape, and ingredients often needed work. And even packaging material has had plenty of issues.
The Fifth Circuit Court of Appeals is the most recent court to find that federal cannabis gun control legislation is unconstitutional. The case, United States v. Daniels, was published on August 9, 2023. The court joins a growing list of courts which have all found these restrictions unconstitutional. Federal law prohibits cannabis users from buying
Most Americans favor federal cannabis legalization. Nearly all Americans support medical cannabis legalization. This is not a new development. It has been that way for years. And it is a rare non-partisan issue. Over the past few years while support has been its highest, well, ever, a series of federal election cycles have come and
The cannabis industry is hurting right now, and most everyone is feeling it. As new and old clients consider pursuing breach of contract and other claims against cannabis businesses that are failing, one question seems to come up again and again: can we sue the owner(s) of the cannabis company personally for the company’s failures
