We’ve seen a steady stream of trademark litigation in the cannabis space for quite some time now, and it’s as good a time as any to remind our readers that parody is not a defense to trademark infringement. In its complaint filed Monday, Plaintiffs Big Beverage, Inc. and Happy Hour Drinks Company, Inc. dba Happy
On November 18, 2021, the Greater Phoenix Urban League and Acre 41 Enterprises, LLC (the “Plaintiffs”), sued the State of Arizona, the Arizona Department of Health Services (the “Department”), Governor Ducey, and the Director of the Department for their purported failure to implement the social equity provisions of Proposition 207 by issuing final regulations that
One of the cannabis litigation trends we discussed in a recent webinar was the increasing number of lawsuits alleging some type of fraud by cannabis companies during the capital-raise phase of their businesses. For most businesspeople, raising capital to fund their new business is essential. Just as essential is making sure that you comply with
Legal representation in disputes with insurers has become paramount for cannabis companies in an ever-expanding operational environment. Cannabis companies may seek to insure against risk of loss as a result of challenges such as unexpected fires, crop protection, business interruption, or adverse consumer reactions to products. In many instances, cannabis companies are even required to
Seen as a protectionist, cottage measure to some stakeholders, residency requirements for cannabis licensure have been a staple in the industry since Washington and Colorado legalized cannabis statewide back in 2012. When I lived in Seattle, the local industry was mostly stoked then that “big money” and out-of-state interests couldn’t easily crash the party that
Last Friday and Saturday, members of the Oregon Bar gathered (online) for the third annual Cannabis Law Institute (CLI) put on by the Cannabis and Psychedelics Law Section of the Oregon State Bar. Topics included agricultural liens and receiverships, securities in the cannabis industry, federal and state hemp updates, Oregon’s Psilocybin Act, and the failures
In follow-up to this post, we are happy to report that Dr. Sisley is still fighting the good fight: on Monday, Petitioners filed a Petition for Panel Rehearing or Rehearing En Banc. Although it’s not uncommon for these to get filed, few and far in between are granted (filing such a petition to rehash the
We don’t write about criminal cases often, but a recent decision from the Minnesota Court of Appeals caught my eye because of its potential impact on the people of Minnesota and businesses engaged in processing, manufacturing, possession, or selling of Hemp/CBD in Minnesota. This ruling affects manufacturers, processors, sellers, distributors, and consumers of any liquid
Every state has some form of open records laws. Most of us have probably heard of the Freedom of Information Action (“FOIA”) which is the federal open records law. The purpose of the FOIA according to the U.S. Supreme Court is “to ensure an informed citizenry, vital to the functioning of a democratic society, needed
Well, it’s over (for now) for Suzanne Sisley. As we covered last year, Sisley, et al. v. U.S. Drug Enforcement Administration, et al., Case No. 20-71433, was an appellate case filed by a group of scientists and veterans that had sued the DEA in May 2020. They, like so many others, argued that the DEA’s
