Cannabis NFTs

Cannabis NFTs

Every cannabis company has been asking lately how they can start making money from cannabis NFTs (non-fungible tokens). Many of these companies know that NFTs are part of the greater Web3 movement that feels somewhat familiar, especially to marijuana companies. Web3 is in large measure a counterculture movement that pushes back against large institutions that

Use in Commerce of Cannabis Trademarks

Use in Commerce of Cannabis Trademarks

While cannabis brands need to be mindful of cannabis-specific trademark issues, they must also pay attention to trademarking basics. Back in January, we discussed three key trademark issues: distinctiveness, likelihood of confusion, and application bases. Today we continue our exploration of trademark basics, looking at the importance of choosing goods and services thoughtfully, in order

cannabis ip litigation personal liability

Cannabis IP Litigation: Principal Liability

Do principals need to worry about personal exposure in cannabis intellectual property (IP) litigation? Surprisingly, the answer is sometimes “yes.” In this post, we will look at the “Borat” case as one example. First, it’s important to note that there are varying levels of liability that can be attributed to a cannabis company’s principals. In

plant variety protection act hemp

Hemp Litigation and the Plant Variety Protection Act

Last week, Phylos Bioscience filed a federal court complaint against Silver Lion Farms in the District of Oregon. The complaint details that Phylos and Silver Lion had entered into a Letter of Engagement for Silver Lion to  purchase $2,954,250 worth of hemp seeds of two different varieties – 14,625,000 of AutoCBD seeds and 8,775,000 of

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Spotify Smokes Potify

Spotify AB (“Spotify”) has prevailed in two opposition proceedings it brought against the registrations of two POTIFY marks, which were applied for by U.S. Software Inc. (“U.S. Software”), in connection to its Potify platform. According to U.S. Software, Potify is “a backend software platform designed for legal marijuana dispensaries to market and sell their products.”

cannabis trademark basics

Cannabis Trademarks: Don’t Forget the Basics!

The registration of cannabis trademarks in the United States raises novel issues. This is an unsurprising result of the uneasy coexistence between expanding legality at the state level, and ongoing prohibition at the federal level. Cannabis businesses need to keep these issues on their radar when crafting brand strategies. At the same time, however, they

new york cannabis trademark infringement

Reminder: The Parody Defense to Trademark Infringement is Tricky

Parody is a tricky defense to cannabis trademark infringement, or to any infringement allegation whatsoever. For some background on this, check out our posts here, here and here. Still, people riff off established trademarks all the time, and when pursued, they often raise the parody defense. In the cannabis context, this happened most recently in

CBD and Social Media: Using Brand Protection PR™ to Avoid Pitfalls: Nathalie Bougenies on Move The Stairs Podcast

CBD and Social Media: Using Brand Protection PR™ to Avoid Pitfalls

Since the legalization of hemp in 2018, CBD brands have struggled with inconsistent policies and enforcement from major social media companies when it comes to marketing their products. The consequences can be devastating. Accounts of many CBD brands have been suspended at one point or another, interrupting critical communication with customers, and harming goodwill. Sometimes,

cannabis trademark litigation

Cannabis Trademark Litigation: Tread Carefully

Federal cannabis trademark litigation is a difficult proposition. In a recent case filed by Wunderwerks, Inc., a company that sells beverages infused with CBD and THC additives, we see another unfortunate example of this. Federal courts, at least, are still no friend to the cannabis industry. Wunderwerks had sued Dual Beverage Company LLC (“DBC”) in

Trademark Litigation: Happi Hour is Over

Trademark Litigation: Happi Hour is Over

We’ve seen a steady stream of trademark litigation in the cannabis space for quite some time now, and it’s as good a time as any to remind our readers that parody is not a defense to trademark infringement. In its complaint filed Monday, Plaintiffs Big Beverage, Inc. and Happy Hour Drinks Company, Inc. dba Happy