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
I have spent a lot of time engaging with clients who are dealing with cannabis investors on the front and back end of investments. I work with companies and investors– from idea inception to litigation. The suite of investors runs the gamut from friends and family, to key employees, executives, and board members with equity
It’s common for companies in all industries to use social media “influencers” to promote their goods and services online. Influencer advertising in the cannabis industry is a particularly risky idea, because paid advertisers need to comply with all cannabis marketing and advertising rules. These rules are beasts of the applicable state regulations on cannabis products
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
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
