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
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
We have been closely following litigation brought by tobacco giant ITG Brands against cannabis company Capna Intellectual. As we wrote reported on June 27, ITG sued Capna on a trademark dilution claim related to ITG’s “KOOL” brand. ITG’s branding uses “KOOL OOs” while Capna’s branding uses “BLOOM OOs.” In another blow to Capna following the
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
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
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.”
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
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
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
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
