1,101 posts by 291 firms and lawyers
Cannabis law explained by the lawyers who practise it: analysis and commentary from law firms around the world, with the Cannabis Law Journal.
President Trump’s executive order significantly accelerates the long-stalled federal process to reschedule marijuana to Schedule III.
” I thought about responding with a quote from “Run Like an Antelope” but then it hit me: Maybe we should give some thought to a more high-minded discussion about the practical implications of marijuana rescheduling. ) So, I…
This would be a good time to review the branding protection avenues available to cannabis business owners, and to discuss celebrity branding.
Delta-8 THC is a cannabinoid found in cannabis. The natural quantities of delta-8 found in cannabis are pretty low, so to create usable amounts of it, it typically has be synthesized from hemp.
3% on a dry weight basis, from being classified as marijuana under the Controlled Substances Act. As of October 2024, 38 states and the District of Columbia have legalized marijuana for medical use. Additionally, 24 states and…
This is an exciting time for cannabis entrepreneurs as the US government is poised to reclassify cannabis as a Schedule III drug in a move that recognizes cannabis’ medical and therapeutic uses and may open the door for new…
By JC Zwisler, William Spinola & Brian Michaelis on August 28, 2024
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…
Navigating the cannabis industry’s legal landscape in the United States is like moving through an ever-evolving maze, especially in the world of intellectual property. As more states legalize cannabis for medical and recreational…
In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc. v.…
Today the Associated Press broke the news of the DEA’s long-awaited decision to move forward with the plan to reclassify cannabis from Schedule I to Schedule III.
By Brian Michaelis, Matthew Brekus & JC Zwisler on March 6, 2024
Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”).
” A year and a half later, have any D8 products supported a valid trademark? According to USPTO, as of January 2, 2024, it has registered four trademarks with the term “delta-8” included in their goods and services…
By JC Zwisler, Matthew Brekus, Brian Michaelis & Sandy Recinos
This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense.
With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain.
In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection –…
A recent lawsuit alleging trademark infringement by AmerikanWeed illustrates the importance of protecting intellectual property in the cannabis industry. Complaint at 9-10, Palmer, et al. v. , No. 21-2-13589-3 SEA (Wa. Sup. Ct.…
The growing legalization of cannabis in the United States presents a problem—how can cannabis products obtain brand protection? Because of the federal illegality of cannabis, federal trademark protection is unavailable.