Intellectual Property Archives - Cannabis Business Executive - Cannabis and Marijuana industry news

Breeders’ Rights No Longer a Pipe Dream for New Marijuana Varieties?

By Kassandra Officer and Lauren Robinson The cannabis industry may be on the brink of a significant shift in intellectual property protection for new marijuana varieties. With the recent announcement by the U.S. Attorney General to initiate proceedings to transfer…

The Impact of Cannabis Rescheduling on Trademark Law

Jacob J. Golan, Jonathan Hyman & Jonathan Menkes, Attorneys at Knobbe Martens On April 30, 2024, U.S. Attorney General Merrick Garland sent a shockwave through the cannabis world when he circulated a proposal that would shift marijuana from Schedule I…

Common Pitfalls in Cannabis Brand License Agreements

By Griffen Thorne, Attorney at Harris Sliwoski Cannabis companies and (depending on the state) brands often use license agreements to grow their brands. If done correctly, they can be a huge driver of revenue for the brands and licensees, and…

What Does Re-Scheduling Marijuana on the CSA Mean for Cannabis Trademarks?

By Max Hass Earlier this year, President Biden’s administration requested that the Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) undertake an independent review of the status of marijuana (cannabis) in the Controlled Substances Act…

China Manufacturing Tips for Cannabis Brands

We are seeing in an uptick in China-related matters involving cannabis brands. Here are three tips for cannabis brands that are getting their products made in China: 1. Sign a Contract As I recently wrote in our sister blog, “while…

Recent Trademark Decision Serves as Lesson for Cannabis Companies

By Paul R. Hoffer A recent ruling from the Trademark Trial and Appeal Board (TTAB) serves as an example for cannabis businesses when it comes to what extent examiners will go to ensure that applied-for products fall inside the law…

Cannabis Rescheduling and Trademarks

By Fred Rocafort, Attorney @ Harris Bricken Cannabis rescheduling appears to be a matter of time and my colleagues have written about the possible implications (see here, here, and here). Rescheduling to a less restrictive category will also have implications for trademarking by…

Cannabis Brands and China: An Emerging IP Challenge

By Fred Rocafort, Attorney at Harris Bricken Cannabis Brands and China Challenges Cannabis brands account for a sizeable component of my law firm’s intellectual property work (and, indeed, our work generally). Historically, there has been little overlap between our cannabis and China practice…

Branding Brilliance: Unleashing Business Value with Trademark Registration

By William H. Honaker In today’s competitive business world, establishing a strong brand identity is paramount to success. A well-crafted brand not only distinguishes your business from competitors but also cultivates trust and loyalty among your customers. Your trademark is…

A Former Weed Dealer Built the ‘Budega’ Brand. Then, Copycats Moved In.

Alex Norman’s fight to protect the brand he created is part of a trend that industry lawyers say threatens small cannabis businesses. In the fall of 2021, an acquaintance of Alex Norman, the founder of a cannabis apparel and lifestyle…

Skittles maker Wrigley settles with cannabis company over trademark

July 3 (Reuters) - Wrigley, the maker of multi-colored fruit-flavored Skittles candies, has settled a lawsuit accusing a seller of cannabis-related merchandise of trademark infringement for marketing products under the "ZKITTLEZ" name. Under a proposed permanent injunction filed on Monday…

Times are Tough: Cannabis Joint Ventures May Help

By Hilary Bricken, Principal at Harris Bricken We’ve written a lot recently about how cannabis companies are falling on tough economic times in this roiling economy. When times get lean, cannabis companies need to innovate and get more competitive with…

TTAB Denies Registration of Bakked Trademarks

By Jihee Ahn, Attorney at Harris Bricken In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) affirmed an examining attorney’s refusal to register two “Bakked” trademarks by deeming the goods to be illegal drug paraphernalia under the Controlled Substances…

USPTO’s Abuse of the “Lawful Use” Trademark Registration Standard

By Fred Rocafort, Attorney at Harris Bricken Lawful use in commerce is a requirement for a trademark to be registered in the United States. For cannabis brands, this means that the United States Patent and Trademark Office (USPTO) will not register…

Edible Arrangements v. Green Thumb Industries: Voluntary Dismissal, For Now

By Jihee Awn, Attorney at Harris Bricken We regularly cover intellectual property disputes on the blog, and the Edible Arrangements v. Green Thumb Industries trademark infringement case is one we covered two years ago when filed. Since then, this case…

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