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

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

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.

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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