Intellectual Property/Branding Archives

Topics

Subscribe By Email

Search Our Blog

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

Hemp Trademarks and the Perils of Generic Terms: PanXchange v. New Leaf Data Services

Two companies that provide data to the hemp industry are embroiled in a trademark dispute. New Leaf Data Services (“New Leaf”) sued PanXchange in Connecticut federal court, alleging that PanXchange’s offer of services under marks such as PANXCHANGE® HEMP BENCHMARKS constitutes infringement of New Leaf’s supplemental trademark registration, HEMP BENCHMARKS (Reg. No. 5079914). The case

The First Cannabis Patent Infringement Lawsuit Has Officially Concluded

We’ve reported pretty extensively on the progress of United Cannabis Corporation’s (UCANN) patent infringement lawsuit against Pure Hemp Collective, Inc. since it was filed back in July 2018. (See posts here, here, here, here, here, here… and here!) In the initial months, this was a fascinating case to watch because it was the first of its

Ninth Circuit Finds “The Herbal Chef” Is Generic and Denies Trademark Protection

On Tuesday, the Ninth Circuit Court of Appeals settled an appeal by The Herbal Chef, LLC (“THC”) and held the words “The Herbal Chef” do not qualify for trademark protection. The short memorandum opinion affirmed summary judgment granted by Central District Court Judge, Andre Birotte Jr., in favor of defendant AFG Distribution, Inc. (“AFG”) in

Washington Cannabis: Buckle Up for a Brisk 2021 in M&A Activity

The year 2020 was a shock for all of us from both personal and business perspectives, but 2021 is shaping up to look much better, especially for Washington cannabis companies. In the past three months, I have had serious conversations with many clients and prospective clients regarding M&A activities. The pace of inquiries has accelerated

Patent Infringement Indemnification: Do You Have It?

Last week, a major cannabis brand was sued for patent infringement by Geographic Location Innovations (“GLI”) in the District Court of Colorado. The Complaint alleges GLI is the owner of the ‘285 Patent, titled “Device, System and Method for Remotely Entering, Storing and Sharing Addresses for a Positional Information Device,” which among other things, allows

Big Tobacco Brand KOOL Sues Cannabis Company Bloom Brands for Trademark Infringement

The latest case of trademark infringement involving a cannabis company provides a great illustration of a trademark concept that can be difficult to convey to clients, which is the concept of “likelihood of confusion” where two marks are not identical, or even all that close to identical. According to news reports, “Menthol cigarette brand Kool

Recommended Order Clarifies Not All Marijuana Businesses Should Be Denied Trademark Protection

Last summer, we reported on the trademark infringement lawsuit filed by Veritas Fine Cannabis (“VFC”) against Veritas Farms here and here. In late August, I had reported Veritas Farms filed a motion to dismiss on the basis VFC does not actually possess the common law federal trademarks it seeks to enforce. Since the motion was

Circle K is the Latest Company to Take on a Cannabis Business in a Trademark Dispute

Earlier this month, Circle K Stores Inc., owner and operator of the chain of Circle K convenience stores, filed a Trademark Trial and Appeal Board (“TTAB”) Notice of Opposition against Medical Marijuana, Inc., a California company with a pending U.S. federal trademark application for the following design mark (the “MM ‘K’ Mark”): The MM “K”

Cannabis Patent Litigation Update: Canopy Growth Sues GW Pharma

We’ve written previously about the basics of cannabis patents, which are a substantial area of growth within the cannabis industry, and we’ve written extensively about cannabis trademark litigation (see some of our posts here, here, and here), which has been prolific in the last couple of years, but we’ve seen very little in the way

Canna Law Blog ™

Canna Law Blog ™

Archives

Topics

Subscribe By Email

Search Our Blog

USPTO Refusal To Register Cannabis Trademarks Hurts Public

Hemp Trademarks and the Perils of Generic Terms: PanXchange v. New Leaf Data Services

The First Cannabis Patent Infringement Lawsuit Has Officially Concluded

Ninth Circuit Finds “The Herbal Chef” Is Generic and Denies Trademark Protection

Washington Cannabis: Buckle Up for a Brisk 2021 in M&A Activity

Patent Infringement Indemnification: Do You Have It?

Big Tobacco Brand KOOL Sues Cannabis Company Bloom Brands for Trademark Infringement

Recommended Order Clarifies Not All Marijuana Businesses Should Be Denied Trademark Protection

Circle K is the Latest Company to Take on a Cannabis Business in a Trademark Dispute

Cannabis Patent Litigation Update: Canopy Growth Sues GW Pharma

Canna Law Blog ™

Canna Law Blog ™

Stay Connected

Archives

Topics

Subscribe By Email

Search Our Blog

USPTO Refusal To Register Cannabis Trademarks Hurts Public

Hemp Trademarks and the Perils of Generic Terms: PanXchange v. New Leaf Data Services

The First Cannabis Patent Infringement Lawsuit Has Officially Concluded

Ninth Circuit Finds “The Herbal Chef” Is Generic and Denies Trademark Protection

Washington Cannabis: Buckle Up for a Brisk 2021 in M&A Activity

Patent Infringement Indemnification: Do You Have It?

Big Tobacco Brand KOOL Sues Cannabis Company Bloom Brands for Trademark Infringement

Recommended Order Clarifies Not All Marijuana Businesses Should Be Denied Trademark Protection

Circle K is the Latest Company to Take on a Cannabis Business in a Trademark Dispute

Cannabis Patent Litigation Update: Canopy Growth Sues GW Pharma