你的大麻企业有资格获得商标保护吗？答案当然是 "是的！"
我们试图在这个博客上彻底报道与大麻有关的商标问题，因为品牌和商标保护构成了大多数企业的最基本基础。在我们最近的文章中，我们主要关注商标纠纷，因为随着行业的成熟，诉讼已不可避免。作为参考，你可以查看一些大的商标
在地平线上：加州 "所有者 "和 "财务利益持有人 "的违规行为
加利福尼亚州的大麻监管机构正在根据《药用和成人用大麻管理法》（"MAUCRSA"）慢慢进入执法模式。表面上看，迄今为止的执法工作是围绕着非法销售和/或非法产品的制造（如vape cartridges）。不过，围绕许可证的执法变得更加复杂只是时间问题，包括国家
Risky Business: Cannabis Security Interests and Secured Transactions
As a corporate and transactional attorney focused mostly on cannabis, I see my fair share of financing documents and transactions involving cannabis operators. It’s no secret many cannabis businesses can’t get bank accounts or loans or lines of credit from financial institutions because of the Bank Secrecy Act and federal anti-money laundering laws — despite
Cannabis Taxation: C Corp, S Corp, LLC, LLP, Partnership, Nonprofit, or Something Else for Your Cannabis Business?
One of the most fundamental questions facing any businessperson in the cannabis industry and every other industry is: “What type of business entity should I use?” This is such a loaded question that your lawyer or accountant will first respond with, “That depends,” and then they will need to ask you at least ten follow-up
Utah Cannabis Investment Fraud: Know Your Securities Laws
It is trite of me to say so, but the current “gold rush” in the U.S. has prospectors dreaming of double-fisting cannabis buds and greenbacks, and that makes for fertile fraud soil. In this green rush, investors are voraciously putting money into cannabis ventures that are, in some instances, producing vast amounts of cash and
Cannabis and Insurance Litigation
Recently, Jonathan Bench wrote about the importance of insurance coverage for your hemp or recreational marijuana business. His first article provided the basic anatomy of such policies and his second discussed the importance of product liability insurance. This post highlights recent litigation in which insurance is at issue, or ought to be. Hemp insurer seeks
Cannabis Business Basics: Product Liability Insurance is a Nonnegotiable Priority
With Juul recently in the news and vaping bans going into effect around the country (see our recent coverage here, here, here and here), marijuana companies have been asking us questions about what to expect in the near term. In the midst of this uncertainty, we have been stressing to our clients the importance of insurance coverage
Five Common Problems in California Cannabis M&A Transactions
Now that we’re about two years into California cannabis licensing, our California cannabis attorneys are seeing a huge uptick in mergers and acquisitions in the cannabis space. It’s critical for potential M&A transactions to understand California cannabis laws and regulations and ensure that any M&A contracts are drafted with the regulations in mind. This is
Terrible, No Good California Cannabis Distribution Contracts
Since January 2018, distributors have played an interesting role in California cannabis. From a regulation perspective, dealing with a distributor is not optional. However, from the business decision vantage point, they’re not all that necessary. Still, some manufacturing and cultivation licensees opt to utilize distributors for sales and retail relationships with the distributor attempting to
Is Bankruptcy Protection on the Horizon for Cannabis Businesses?
As most of us know, bankruptcy is just not an option for the cannabis industry or those even affiliated with it. To date, courts have generally ruled that debtors who work in the cannabis industry or derive meaningful income from cannabis activity (directly or indirectly) cannot use bankruptcy. This is in response to the U.S.