Alison Malsbury
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Over the last couple of years, there has been quite a wide range of cannabis-related trademark disputes to write about on this blog, although most of those disputes have ultimately settled. Last year, Kiva Health Brands, LLC (“Kiva Health”) sued Kiva Brands Inc. (“Kiva Cannabis”) for trademark infringement, alleging that Kiva Cannabis’ “use of the […]

Jihee Ahn
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Continuing our discussion from last week, we received a few follow-up questions on whether patent litigation is really worth the trouble and what can be potentially recovered. In short, the amount of damages you can recover for patent infringement is outlined by statute. Here is a cursory discussion of the different types of damages that […]

Canna Law Blog
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On November 20th, our own Alison Malsbury will lead a presentation on CBD & Cosmetics at the 2019 Emerging Issues Conference in Marina del Rey, California. Her presentation will focus on the contentious landscape of hemp and CBD topical products, which she has most recently written about here and here. As CBD continues to impact markets […]

Jihee Ahn
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As expected, the U.S. Patent and Trademark Office has continued to increase the number of patents issued containing the words “cannabis” or “marijuana” this year. Because we anticipate that the growing number of patents in this industry and progression of the first cannabis patent lawsuit (covered here, here, here, and here) inevitably will inspire more […]

Alison Malsbury
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Last week I had the pleasure of speaking on a panel called “Expert Perspectives on the Rapidly Evolving Cannabis Industry” at the Midwest IP Institute in Minneapolis, MN. One of the issues that is often a source of confusion, both at IP-focused events and for clients, is how to craft an appropriate specification of goods […]

Jihee Ahn
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A first(!): Charlotte’s Web Holdings, Inc. (“CWB Holdings”), operated by the famed Stanley brothers, has secured the first-ever patent for a hemp cultivar in the United States. CWB Holdings is now the proud owner of a plant patent for “a new and distinct hemp cultivar designated as ‘CW2A.’” Patent documents describe CW2A as a hardy […]

Alison Malsbury
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On August 22, 2019, actor Mr. T, best known as a star of the TV series “The A-Team,” sued Leafly Holdings Inc. for trademark infringement. The lawsuit was filed after Mr. T’s attorneys sent multiple cease and desist letters to Leafly, which were allegedly ignored. The lawsuit stems from Leafly’s listing of a strain called […]

Alison Malsbury
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Earlier this summer, the United States Patent and Trademark Office (USPTO) announced that as of August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings must be represented by an attorney who is licensed to practice in the United States. This will apply to all trademark applicants, […]

Alison Malsbury
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We’ve written extensively about the trademark protection strategies employed by cannabis businesses in light of the challenges they face to obtain federal trademark registrations for their cannabis goods and services. Recently, a court order in a motion for preliminary injunction involving the use of the famous WOODSTOCK mark raised some issues related to those strategies, […]

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The Canna Law Blog™ is a forum for discussion about the practical aspects of cannabis law and how it impacts those involved in this growing industry. We will provide insight into how canna businesspeople can use the law to their advantage…

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Please be mindful that possessing, using, distributing and selling marijuana are all federal crimes and that this blog is not intended to give you any legal advice, much less lead you to believe that marijuana is legal under federal law.