Fred Rocafort, an attorney at Harris Sliwoski in Washington, advises that, while cannabis brands cannot avail themselves of all the tools at the disposal of brands operating in more established spaces, they should act like those brands as far as possible.
“This means, among other things, monitoring the marketplace, educating consumers on how to identify genuine products and on the risks of using counterfeits, ensuring that proper protocols are in place to protect confidential information, and having proper contracts in place.
“Brands should fully exercise their rights at the state level and prepare—to the extent possible—for different federal legislation scenarios. They should also remember that a legal status quo that is not challenged is one that is unlikely to change.”