Getting into the weeds of US cannabis trade mark issues

[...]there isn’t a long history of cannabis companies applying for marks, and companies are more likely to assert their rights through common law and proof of use than through registration. A joint registration strategy Since state-level trade marks are not exactly the be-all-and-end-all to cannabis...

Full description

Saved in:
Bibliographic Details
Published in:Managing Intellectual Property 2018-03
Main Author: Loney, Michael
Format: Article
Language:English
Subjects:
Anniversaries
Bakeries
Clinics
Consumer protection
Consumers
Litigation
Marijuana
Registration
Settlements & damages
Trademarks
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:[...]there isn’t a long history of cannabis companies applying for marks, and companies are more likely to assert their rights through common law and proof of use than through registration. A joint registration strategy Since state-level trade marks are not exactly the be-all-and-end-all to cannabis companies’ trade mark rights, business attorneys recommend a strategy that utilises both state and federal registrations, hoping the combination will grant legally operating companies some legitimacy in court. According to Pew Research, 61% of Americans support legalisation as of 2017, and that number has been steadily increasing over the past 40 years. Shapiro expects it will take several such cases to go to court to raise awareness about the lack of consumer protection the current federal trade mark system engenders.
ISSN:0960-5002