On May 3, 2023, the federal Trademark Trial and Appeal Board (the “TTAB”)—the entity responsible for handling disputes over the issuance of trademarks on a nationwide level—issued a precedential opinion in In re National Concessions Group, Inc. that has significant implications for cannabis companies seeking federal trademark protection.Continue Reading Federal Trademark Decision Impacts Cannabis Industry
While AK Futures LLC v. Boyd St. Distro, LLC (9th Cir. May 19, 2022) may seem like a golden opportunity for companies in the intoxicating hemp market, it is unlikely to be much of a windfall beyond the near future. Those relying on this decision to provide legitimacy to their business should proceed with extreme caution based on previous responses to loopholes and governmental eagerness to regulate intoxicants such as delta-8. To believe that these products will be held to a lesser standard than state-regulated (and soon enough, federally-regulated) marijuana products would be short-sighted and naïve.Continue Reading That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp, Part 3
As mentioned in the first post of this series, it is unlikely that AK Futures LLC v. Boyd St. Distro, LLC (9th Cir. May 19, 2022) will be viewed as the conclusive victory that some in the delta-8 THC arena are hoping for. In this post, we will explore what might be accomplished by (or more accurately, what backlash might come from) this and other similar decisions.
Continue Reading That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp, Part 2
The debate surrounding delta-8 THC and the proper regulation of intoxicating hemp products has accelerated greatly over the last several months, fueled by multiple court decisions, federal policy actions, and new state laws. Not least of which is last May’s decision in AK Futures LLC v. Boyd St. Distro, LLC, No. 21-56133, 2022 WL 1574222 (9th Cir. May 19, 2022). This case provides a great deal of clarity for many seeking to enforce trademark protections for hemp products. It is a major win for intoxicating hemp maximalists, and in hindsight, it feels like the start of many that came this summer. However, it would be unwise to see these developments as a final green light to produce and sell delta-8, delta-10, hemp-derived delta-9, and other intoxicating hemp products across the country.
Continue Reading That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp, Part 1
Husch Blackwell’s Matt Kamps and Andrea Shoffstall were recently published by Marijuana Ventures in an article where they review U.S. cannabis-centric patents and patent applications trends during the pandemic, which were granted and published at record numbers in 2021. However, early returns in 2022 suggest the numbers may take a dip for the first time…
In an article published in Marijuana Venture, Husch Blackwell attorneys Nicole Bashor, Steve Levine and Matt Kamps analyze cannabis-centric patent data to see if patents and applications are continuing the rising trend. They also discuss how the current political landscape and the global health crisis could impact the cannabis industry. Read more in…
A California federal judge recently reminded cannabis trademark owners that the manufacture and sale of cannabis products remain illegal under federal law, so they cannot challenge federal trademark registrations based on common law prior rights.
Continue Reading Cannabis’ Unlawful Status Continues to Frustrate Brand Owners
In our previous post, we touched on some of the interesting issues related to the enforcement of cannabis patents through litigation. In this post, we turn to an alternative to litigation to discuss some of the unique cannabis-related issues that could arise before the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”).
Continue Reading Unique Issues with Cannabis-related Patents and Their Enforcement
The Trademark Trial and Appeal Board (“TTAB”) reiterated once again that you cannot register marijuana marks at the federal level. The TTAB announced its decision on July 16, 2019, rejecting Canopy Growth Corporation’s, a Canadian corporation, trademark filings for marijuana vaporizers “Juju Rx” and “Juju Hybrid.” In re Canopy Growth Corporation by assignment from JJ206…
Husch Blackwell’s own Kris Kappel was recently featured in an article, written by reporter James Dornbrook and appearing in the Kansas City Business Journal, on the “gray areas” of securing trademark protection for cannabis-related products, even industrial hemp, cultivation of which was recently approved in 2018 by Congress.