Photo of Alison Malsbury

Every brand needs protection, and Alison extends her knowledge of intellectual property and corporate law to our cannabis clients, ensuring their businesses are protected.

fda vape marketingLast week, the Food and Drug Administration issued final guidance for vape manufacturers to submit premarket tobacco product applications (PMTA), which are required to obtain official authorization to market their products. These guidelines will invariably affect manufacturers of vape products that can be used with both tobacco and cannabis.

In order for any new

Last week I attended the International Trademark Association’s Annual Meeting, where one of the somewhat obscure topics discussed is something I’ve actually seen crop up recently in practice. The question is at what point the use of a fictional character in branding or advertising constitutes either trademark or copyright infringement. And the answer is not

CBD trademark cannabisEarlier this month, the United States Patent and Trademark Office (USPTO) issued Examination Guide 1-19: Examination of Marks for Cannabis and Cannabis-Related Goods and Services After Enactment of the 2018 Farm Bill. While the guide didn’t provide any earth-shattering news regarding cannabis-related trademarks, it did clarify the USPTO’s position with respect to trademarks for

PVPA hemp seed
Lock ’em down with the PVPO.

On April 24, 2019, the United States Department of Agriculture (USDA) announced that the Plant Variety Protection Office (PVPO) would begin accepting applications of seed-propagated hemp for plant variety protection.

In the United States, there are three different ways to go about protecting intellectual property

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial

I was fortunate to spend a couple of days last week in Vancouver, B.C. attending an American Bar Association Business Law Section meeting, where I joined a panel to discuss the myriad intellectual property (“IP”) issues business lawyers advising cannabis clients should be thinking about. The panel was comprised of both Canadian and U.S. attorneys,