Abstract The uneven evolution of federal and state cannabis laws continues to frustrate cannabis business operations, including, but not limited to, how intellectual property is created, valued, and deployed. While trademark rights remain closely tethered to lawful commercial use in interstate commerce,[1] patent rights operate under a different legal framework—one that has historically permitted protection in …
Avoiding a Bad Trip: How Cannabis Companies Can Mitigate the Risk of an Infringement Lawsuit
Over a decade has passed since recreational cannabis began to see legalization at the state level. Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once …