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.
FTC Issues Warning Letters to Three CBD Companies
The Federal Trade Commission (FTC) sent Warning Letters to three companies that sell products containing cannabidiol (CBD) and advertise that the products prevent, treat, or cure disease without substantiation of the purported health benefits. In a post on Husch Blackwell’s Food & Ag Insights blog, Emily Lyons explains the FTC’s actions and the effect they have on the advertising of CBD products.
Denver Startup Week: A Celebration of Everything Entrepreneurial in Denver
Denver Startup Week runs September 16-20, 2019 and Marshall Custer is pleased to join a panel of esteemed speakers to inform startups on how to capitalize on cannabidiol (CBD). The session takes place on Tuesday, September 17 at 10 a.m. To register and learn more about the line-up of educational and social activities, visit the…
Retail Re-Thought: Opportunity & Innovation in Southern Illinois
Steve Levine, leader of Husch Blackwell’s national cannabis practice, will be in Fairview Heights, IL on August 29, 2019 to speak at the International Council of Shopping Centers’ (ICSC) Downstate Illinois P3 Luncheon. He will moderate a roundtable discussion covering regional industry developments concerning cannabis.
To register and learn more about the program,…
Unique Issues with Cannabis-related Patents and Their Enforcement
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”).
TTAB Harshes Vibe
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…
The Gray Areas of Trademark Protection on Cannabis
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.
Marijuana Use in the Workforce on the Rise – How Should Employers Respond to Safety Risks?
According to data by Quest Diagnostics, marijuana use in the workforce is on the rise. Usage increased 10% last year to 2.3% of the U.S. workforce according to an analysis of 10 million urine, saliva and hairs samples. In a post on Husch Blackwell’s Safety Law Matters blog, Donna Pryor explains the safety hazards involved…
CBD in your Animal Food or Feed? Not So Fast.
Husch Blackwell attorneys, Mike Annis and Emily Lyons provide an overview on the latest from the Association of Animal Feed Control Officials (AAFCO) and the U.S. Food and Drug Administration (FDA) regarding when and where hemp or hemp produced cannabidiol (CBD) can legally be used which could be of particular interest to animal feed and…
Illinois Legalizes Adult-Use Marijuana
Cannabis Regulation and Tax Act
In May 2019, the Illinois General Assembly passed the Cannabis Regulation and Tax Act (the “Act”). With the Act’s passage, Illinois became the first state legislature to pass a bill that legalized both the sale and possession of recreational marijuana. The Act passed the Senate on Wednesday, May 29th…