Trademarks & IP

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On May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. In light of the rescheduling marijuana news, industry insiders anticipate a significant increase in cannabis-related investments and acquisition activity. While this anticipated increase in activity is exciting, it is no secret that those who have already invested capital into the cannabis industry have learned some hard lessons over the last decade.
Continue Reading Rescheduling Marijuana FAQs: Cannabis-Related Investments

Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still remain with respect to how the rescheduling of marijuana could impact federal trademarks and state…

Continue Reading 2024 Cannabis Trademarks and Branding

Last month (July 2019), the manufacturer of the popular candy Sour Patch Kids (Mondelëz Canada Inc., or MCI) filed a trademark lawsuit against the makers of “Stoney Patch” Sour & Sweet Jelly Candies – which are THC-infused gummies – in federal court. While information regarding the lawsuit is sparse, including…

Continue Reading Sour Patch Kids v. Stoney Patch: Dilution, Tarnishment, and Marijuana Trademark Litigation

The laws applicable to the advertising of legal cannabis and legal cannabis businesses are some of the most rapidly evolving not only in Washington state but also across the country.

I. Cannabis Advertising Law Overhaul 

Mass confusion resulted over these regulations in Washington state in the spring of 2017 when …

Continue Reading Advertising Regulation Overhaul Causes Mass Confusion in Washington Cannabis Industry

Clients often request legal advice with respect to registering and protecting their trademarks and brands. All businesses, large and small, should consider the importance and value of trademarks to the success of their business. Below we discuss some of the basic issues that business owners and entrepreneurs should know with…

Continue Reading Make Your Mark in Marijuana: Trademark Basics
Featured Podcast Episode

Securing Retail Space for Your Cannabis Business (Episode 2 of 2)

Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road. This episode discusses licenses for retail space for cannabis businesses from the landlord and tenant perspective. Hosts also review issues unique to the cannabis business when renting retail space.