Photo of Alison Malsbury

Alison primarily focuses on corporate and intellectual property transactions, working primarily with Harris Bricken's cannabis, tech and entertainment clients. She has assisted clients with contracts, company formation, intellectual property protection, and regulatory compliance, and enjoys working with creative entrepreneurs at all stages of business development. Alison has a strong and growing practice representing celebrities on their cannabis endorsement deals and helping cosmetic and skin care companies navigate the complicated laws involving CBD.

Before joining Harris Bricken, Alison worked with the in-house legal team of one of the largest software companies in the world on their trademark and technology licensing issues.

Alison teaches Cannabis Law and Policy at Santa Clara University School of Law, where she graduated cum laude and was the technical editor for the Santa Clara Journal of International Law. During her time, she also received multiple awards in intellectual property, including the High Tech Excellence Award and the Witkin Award for Academic Excellence in Patents.

A Seattle native, Alison enjoys cycling, skiing, surfing, and just about any outdoor endeavor. She can often be found spending time with her rescued cat, Floyd, and her dog, Wiley.

california cannabis water rights

Last week, the California Water Boards requested on Twitter to commercial cannabis cultivators in Mendocino, Trinity, and Humboldt Counties (the “Emerald Triangle”) that, “if you are among the 270 folks who receive a certified letter stating you lack appropriate permits, please respond to our Cannabis Compliance Response Portal.” Water rights have been an ongoing issue

cannabis wine california litigation right to farm

California, like other states, has a Right to Farm Act that is intended to protect agricultural activity, and many counties have their own local right to farm ordinances as well. California’s Right to Farm Act provides:

“No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner

cannabis branding trademark

Earlier this summer, the United States Patent and Trademark Office (USPTO) announced that as of August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings must be represented by an attorney who is licensed to practice in the United States. This will apply to all trademark applicants,

napa california cannabis

Cannabis cultivation and the means for regulating it have been contentious topics in Napa County for some time now. Back in July, proponents of allowing commercial cannabis cultivation in unincorporated Napa County, led by the Napa Valley Cannabis Association, collected enough signatures to qualify for a ballot measure during the March 3, 2020 election.

marijuana trademark litigation woodstock

We’ve written extensively about the trademark protection strategies employed by cannabis businesses in light of the challenges they face to obtain federal trademark registrations for their cannabis goods and services. Recently, a court order in a motion for preliminary injunction involving the use of the famous WOODSTOCK mark raised some issues related to those strategies,

We’ve followed and written extensively about trademark litigation in the cannabis space for the last several years, which you can read about here:

cannabis trademark scandalous immoralIn alignment with its 2017 decision in the Matal v. Tam case which ruled that the disparagement clause of the Lanham Act violated the First Amendment’s free speech clause, the Supreme Court ruled last week that free speech protections also extend to “immoral or scandalous” trademarks. In Iancu v. Brunetti, SCOTUS ruled that the

california cannabis trade sampleAn issue our clients have encountered in a variety of transactions, including basic product purchase transactions and intellectual property licensing transactions, is that the California rules governing commercial cannabis licensees currently do not allow the exchange of free samples between licensees. We are unaware of an industry in which the wholesale purchaser of a large