We try to cover cannabis-related trademark issues thoroughly on this blog, because branding and trademark protection form the most basic foundation for most businesses. In our most recent posts, we’ve focused heavily on trademark disputes, because as the industry matures, litigation has become inevitable. For reference, you can check out some of the big trademark
As expected, the U.S. Patent and Trademark Office has continued to increase the number of patents issued containing the words “cannabis” or “marijuana” this year. Because we anticipate that the growing number of patents in this industry and progression of the first cannabis patent lawsuit (covered here, here, here, and here) inevitably will inspire more
A few weeks ago, I wrote a Hemp/CBD litigation forecast in which I predicted that at some point a CBD company will make use of the Lanham Act by claiming that a competitor is engaging in false or misleading advertising. (See here). In that post I promised to go into the Lanham Act in further
A first(!): Charlotte’s Web Holdings, Inc. (“CWB Holdings”), operated by the famed Stanley brothers, has secured the first-ever patent for a hemp cultivar in the United States. CWB Holdings is now the proud owner of a plant patent for “a new and distinct hemp cultivar designated as ‘CW2A.’” Patent documents describe CW2A as a hardy
We’ve followed and written extensively about trademark litigation in the cannabis space for the last several years, which you can read about here: UPS Sues Multiple Cannabis Delivery Companies for Trademark Infringement The “Tiger Hemp Beer” Case: Clear Your Cannabis Trademarks Before Filing Yet ANOTHER Cannabis Trademark Infringement Case: Tapatio Foods Files Suit What NOT
Recently, William J. McNichol, Jr., Adjunct Professor at Rutgers University School of Law, wrote an article regarding the enforcement of cannabis patents that should definitely be discussed. As we’ve noted starting last summer, we expect to see an increasing number of patent infringement cases. We’ve also been providing updates on the very first patent infringement
We’ve referenced the Trademark Trial and Appeals Board (TTAB) in numerous posts related to protecting your cannabis trademarks, but many clients come to me unaware of the functions of the TTAB. This post will give a basic rundown of what the TTAB does, and what the trademark opposition process looks like. This process is something
It’s becoming more and more 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. It goes without saying that social media influencers
As promised, here’s an update on the first ever cannabis patent infringement case, which we’ve previously written about here and here. Since it’s been a little while – plaintiff United Cannabis Corporation (“UCANN”) owns the “911 Patent,” which generally covers liquid cannabinol formulations of a purified CBD and/or THC greater than 95%. Last July, UCANN
I’ve written extensively about trademark litigation matters involving cannabis brands, but up until now, the trend in these lawsuits has been well-known non-cannabis companies suing cannabis companies. To read more about these cases, see the following posts: UPS Sues Multiple Cannabis Delivery Companies for Trademark Infringement What NOT to do with your Cannabis Brand: The
