Almost exactly a year ago, I wrote about the uptick in cannabis business suing one another for trademark infringement (as opposed to non-cannabis companies suing cannabis companies, which happens a lot and which you can read about here, here, and here). The example at hand was the litigation between Harvest Dispensaries Cultivation & Production Facilities, […]
Earlier this month the Canadian Federal Court handed retail toy store Toys “R” Us a victory in its trademark lawsuit alleging “depreciation of goodwill,” among other causes of action including trademark infringement and “passing off,” against B.C., Canada-based dispensary, Herbs “R” Us. For reference, the two logos can be seen here: Toys “R” Us […]
For over a year my colleague Jihee Ahn, an experienced intellectual property litigator, has tracked the first-ever cannabis patent infringement case United Cannabis Corporation v. Pure Hemp Collective Inc. (You can read about extraction, prior art, the Alice test, and claim construction process here, here, here, here). Recently she wrote about the anti-climactic end to […]
Our last update on the first-ever cannabis patent case, United Cannabis Corporation (“UCANN”) v. Pure Hemp Collective, Inc. (“Pure Hemp”) was back in July 2019. A lot has changed in the world since then (although the case was largely unremarkable), and the possible ending to this once-deemed “pivotal” case for the industry may now face […]
In our ongoing coverage of trademark litigation in the cannabis space, we now have a lawsuit filed by National Grange against the Oregon-based Hemp Grange. The National Grange of the Order of Patrons of Husbandry (or the National Grange) is the nation’s oldest agricultural fraternal organization. The National Grange is a “family, community organization with […]
It’s been a while since we’ve gone over the basics regarding how hemp-CBD companies should be strategizing to protect their brands. Last year, 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. The guide provided […]
Earlier this month, the company now known as LeafedOut, but formerly known as LeafedIn, reached a settlement with LinkedIn over allegations of trademark infringement. As readers of this blog are well aware, this is not the first instance of a non-cannabis party alleging trademark infringement by a cannabis company: What NOT to do with your […]
For our clients in the cannabis space, from licensed operators to ancillary service providers, we’ve found that virtually no area of business (and no contract) is immune from the unique regulatory concerns of the industry. Our firm represents many ancillary companies that do business with cannabis operators, including software companies, delivery platforms, and other […]
Our team’s focus has unexpectedly shifted over the last month or more to address the myriad issues our clients are now facing in light of the COVID-19 pandemic. The effects on both companies and employees are already being felt, and I would implore everyone to read my colleague Vince Sliwoski’s post on actionable steps to […]
As usual, we’ve been monitoring both brewing and active trademark disputes in the cannabis space, and the most recent example involves the institution that is the Girl Scouts. For background, here are some of the other disputes we’ve covered in the past: Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles Cannabis Trademark Litigation: Web […]
