Brazil Cannabis Trademark

Legal But Immoral? On the Denial of Cannabis Trademark Applications in Brazil

Rafael Arcuri, Henrique Coelho, and Marcelo De Vita Greco just penned a great article in Consultor Jurídico on the denials by the National Institute of Industrial Property (INPI) of applications to register cannabis trademark on the grounds that they offend morality and good customs. The basis for these denials is Article 124(III) of Brazil’s Industrial

cannabis copyright litigation

Cannabis Litigation: Solar Therapeutics’ Principal Claims No Personal Liability for Copyright Infringement

Recently, we covered Sacha Baron Cohen and his company’s copyright infringement lawsuit against Massachusetts dispensary Solar Therapeutics, its President and Director, Edward Dow III, filed a motion to dismiss this week for failure to demonstrate Mr. Dow is personally liable for Solar’s conduct. As we mentioned in the last post, personal liability is not something

When Canna, China, and IP Overlap

When Canna, China, and IP Overlap

As regular readers of this blog will know, cannabis businesses face unique challenges when it comes to protecting their brand, particularly in the context of federal trademark registration. The federal government’s ongoing prohibitions on cannabis with THC levels exceeding 0.3%, as well as on a wide range of CBD products, means that marks identifying those

Cannabis Trademarks: Cointreau Sues Potential CBD Competitor

Cannabis Trademarks: Cointreau Sues Potential CBD Competitor

Last month we discussed the recent lawsuits brought by the Wrigley Company against five cannabis businesses it accuses of infringing its trademarks. Cointreau is now following Wrigley’s lead, suing the maker of Quatreau CBD-infused sparkling water. As we pointed out in our analysis of the Wrigley lawsuits, there is a fine line between legitimate trademark

borat cohen cannabis marijuana copyright infringement

Cannabis Copyright Infringement: It’s NOT Nice

Our posts here regularly cover celebrity-backed cannabis companies who are doing things right (and sometimes, doing things wrong), but a recent copyright infringement case proves that not all celebrities are interested in getting involved in the industry – and certainly shouldn’t be presumed to be okay with using their fame to promote it. Solar Therapeutics

bloom kool cannabis trademark infringement

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

Wrigley Goes After Canna Trademark Infringers

Wrigley Goes After Canna Trademark Infringers

Back in April, we discussed Florida law enforcement’s concerns over THC edibles whose packaging infringed on the trademarks of famous candy brands. These fakes have the potential to confuse consumers, as well as help minors conceal their use of THC products. We revisited the topic earlier this month, when we argued that the USPTO’s refusal

cannabis trademark cbd

New Door for Cannabis Trademarks May Be About to Open

As we often point out in these pages, cannabis companies are unable to register trademarks for many of the core products. The United States Patent and Trademark Office (USPTO) “refuses to register marks for goods and/or services that show a clear violation of federal law, regardless of the legality of the activities under state law.”

uspto cannabis marijuana trademark

USPTO Refusal To Register Cannabis Trademarks Hurts Public

The U.S. Patent and Trademark Office’s policy of rejecting applications to register trademarks that identify nonhemp cannabis products, as well as certain hemp CBD products, reflects an unduly doctrinaire approach that ultimately makes Americans less safe. As the cannabis industry continues to enter the business mainstream, the extension of trademark rights to cannabis companies’ products