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Canna Law Blog

Cannabis Trademark Litigation: Woodstock Case Shows Limits of Federal Trademark Protection

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,

Canna Law Blog

The Battle Over the HARVEST Trademark for Cannabis Retail

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

Canna Law Blog

“CBD” Coffee and the Importance of Distinctiveness for Trademark Protection

An interesting Bloomberg article came across my desk a couple weeks ago called, “CBD Craze is Creating a Trademark Problem for a Coffee Brand in Maine.” The article raises a couple of important issues related to the trademark requirement of distinctiveness, as well as the lengths to which one can stretch their trademark protection. The

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Canna Law Blog

Harvest Trademark Dispute Highlights Challenges Faced by Cannabis MSOs 

Last year, I wrote about an uptick in trademark litigation between cannabis companies. This type of litigation differs from much of the cannabis-related trademark litigation we’d seen to date, where non-cannabis companies with established brands have sued cannabis companies for trademark infringement. In particular, I highlighted the litigation between Harvest Dispensaries Cultivation & Production Facilities, LLC,

Canna Law Blog

Choosing Your Cannabis Trademark

We’ve gone over the obstacles to obtaining federal trademark protection at length, but given recent inquiries our cannabis trademark attorneys have been receiving lately, it seemed high time to revisit what exactly makes a trademark “strong” or “weak.” I regularly have clients come to me with catchy marks they or their brand consultants have developed,

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Canna Law Blog

Cannabis Trademark Litigation: A Trademark is the Sum of Its Parts

In a case we’ve been watching closely, a California District Court Judge recently denied a motion by cannabis company Capna Intellectual. The motion sought to dismiss tobacco giant ITG Brands’ dilution claim for its “KOOL” brand. ITG’s branding uses “KOOL OOs” while Capna’s branding uses “BLOOM OOs.” As a refresher, in December 2020, ITG had

Canna Law Blog

Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles

Over the last couple of years, there has been quite a wide range of cannabis-related trademark disputes to write about on this blog, although most of those disputes have ultimately settled. Last year, Kiva Health Brands, LLC (“Kiva Health”) sued Kiva Brands Inc. (“Kiva Cannabis”) for trademark infringement, alleging that Kiva Cannabis’ “use of the