stock promotion scheme

SEC Targets Cannabis Industry Stock Promotion Scheme

It looks like the Securities and Exchange Commission (SEC) has its eye on the cannabis industry and specifically stock promotion schemes. Last month, the Commission announced charges against two cannabis companies and associated individuals for their involvement in “a fraudulent scheme to promote the securities.” The companies at issue are Elegance Brands Inc., Emerald Health

customs

Court of International Trade OKs “Drug Paraphernalia” Import to Washington

The U.S. Court of International Trade (“CIT”) issued a recent opinion that indicates the import or export of “drug paraphernalia” to or from states where cannabis is legal represents an exception to the federal ban imposed by the Controlled Substances Act (“CSA”). Under 21 U.S.C. § 863(d), “drug paraphernalia” is broadly defined as: any equipment,

illegality defense cannabis litigation

Cannabis Litigation: The Illegality Defense and Damages

Around this time last year, my colleague, Jesse Mondry, wrote about a District of Colorado case, entitled Sensoria, LLC et al. v. Kaweske, et al. , which involved a group of plaintiffs who sought to recover their investment in a cannabis business, Clover Top Holdings. The underlying set of facts involve an all-too-familiar cannabis investment

wrigley

Cannabis Trademark Litigation: Wrigley Wins

A final judgment recently rendered in WM. Wrigley Jr. Company v. Roberto Conde, et al., is nothing short of a cautionary tale and a powerful reminder to cannabis companies: Parody is NOT a defense to trademark infringement in this type of commercial context. The parties We all know Wrigley – it’s a titan in the

cannabis patent litigation

Utility Patent Owner Targets Cannabis Producer

While patent protection has been generally available for some time now, we’ve covered why patent protection has been largely limited for the cannabis industry (see this post). However, that isn’t going to stop patent infringement actions from reaching cannabis businesses, as can be seen from a recent case filed by a greenhouse builder. The complaint

trademark infringement litigation

Trademark Infringement Litigation Case Study: Uncle Bud’s

On the heels of our recent intellectual property webinar (a replay is available here!), we received some requests for real world examples of how trademark infringement litigation plays out in the courts. Luckily (or unluckily, depending on how you see things), trademark infringement litigation cases are filed on an almost daily basis throughout the country,

import cannabis equipment drug paraphernalia

Is Importing Cannabis Equipment Worth It?

Given the growth of both the cannabis industry and international trade, it’s more important than ever to understand the basics, and challenges of, purchasing cannabis-related goods overseas. Root Sciences, a cannabis extraction company, has been learning this the hard way. Last week, it initiated an appeal in the Federal Circuit last week after their lawsuit

parody defense copyright litigation

Sometimes, the Parody Defense to Copyright Infringement Works!

As a cannabis intellectual property litigator, part of my job is to help clients make cost-benefit and risk analyses. My colleagues and I have written several posts about the defense of “parody” in cannabis intellectual property litigation, and why it’s a very specific defense that people tend to overstretch in most cases. While that remains

ada cannabis good guys litigation

ADA Cannabis Class Actions: Good Guy Edition

We’ve written about the need for cannabis companies to mind the Americans with Disabilities Act (the “ADA”) before, and, as evidenced by a recent filing against Good Guy Vapes Int LLC (“Good Guy”), the complaints haven’t slowed down. Cannabis company operators large and small should be aware of the growing trend of federal class action