A recent lawsuit filed in Washington state court alleging trademark infringement by AmerikanWeed, Palmer v. Komm, illustrates the importance of protecting intellectual property in the cannabis industry.[1]
Because the plaintiffs obtained a Washington state trademark registration, their recourse is limited to that state. To have recourse against infringement outside Washington, a federal registration may provide
This post was originally published to Seyfarth’s The Blunt Truth blog.
Recently, we published an article regarding the increasing viability of cannabis related patents. See here. Sadly, the story is the opposite for federal trademarks. Last month, National Concessions Group, Inc. (“NCG”) was denied federal registration for its trademarks: BAKKED and
(collectively the
Seyfarth Brian Michaelis, Matthew Brekus, and JC Zwisler authored an article titled “Calif. Ruling May Sow Seeds Of Cannabis Patent Precedent” in Law360 on April 19. The Seyfarth attorneys discussed a California ruling from last year, Gene Pool Technologies Inc. v. Coastal Harvest LLC, which states patent owners in the cannabis industry may be
Proposed legislation in Pennsylvania would allow the sale of cannabis through the Commonwealth’s existing alcohol store system. This could make it easier for consumers of both substances to stock up for their next get-together. But it could also lead to confusion in the aisles of Pennsylvania’s liquor stores.
Those native to or living in Pennsylvania
This post was originally published on Seyfarth’s The Blunt Truth blog.
Federal bans, lack of knowledge, and misinformation all stifle IP protection in the cannabis industry. Previously, one of our colleagues attended MJBizCon in Nevada and noted that “there is so much more to be done to bring this industry on par with other
This post was originally published on Seyfarth’s The Blunt Truth blog.
Cannabis has become a growing sector for investment with increased focus by investors and entrepreneurs. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here. With the increased funding pouring into this sector has come a desire to protect the intellectual
Melissa Viviane Jefferson, better known by her stage name Lizzo, popularized the phrase 100% THAT BITCH in her hit song “Truth Hurts.” But are popular song lyrics able to function as a trademark for a line of clothing?
Lizzo thought so as her trademark holding company, Lizzo LLC, filed several applications for the phrase 100%
Trademark applicants encounter refusals from the United States Patent and Trademark Office (“USPTO”) based on a myriad of issues. Section 2(d) likelihood of confusion refusals and Section 2(e)(1) mere descriptiveness refusals or disclaimer requirements based on descriptiveness are often issued by the USPTO.
These refusals have applicants scratching their heads to determine whether to pursue an