In the Case Between Mr. T and Leafly, Who is Blowing Smoke?

Celebrities often protect their personal brand by trademarking their name, nickname, and signature phrases. The marketing power of celebrities is undeniable. They are easily recognizable, memorable and popular search terms on the internet and social media. Intentional...

TTB Proposed Labelling Rules Don’t Meet Constitutional Muster

The TTB recently published proposed regulations for alcoholic beverage labels and is accepting public comments through June 26, 2019. According to the TTB, these new rules will streamline TTB review of labels in the COLA process. Despite an attempt to incorporate...

TWO STRATEGIES FOR CANNABIS BRAND PROTECTION

Barriers to obtaining brand protection for cannabis-related marks are high. The federal illegality of marijuana under the Controlled Substances Act makes brand protection and trademark law particularly complex for the cannabis industry. As long as marijuana remains a...

CBD TRADEMARKS

With the passage of the 2018 Farm Bill which legalized industrial hemp by removing the crop from the Controlled Substance Act’s definition of “marijuana,” will lead to increased sales and opportunities for hemp-derived cannabidiol (“Hemp-CBD”) companies in 2019. Let’s...

TRADEMARK PROTECTION FOR CBD PRODUCTS

Choosing branding that will not infringe the trademark and/or copyright rights of a third party is a critical step in developing a sound and fiscally responsible marketing strategy. Infringing will not only result in paying substantial damages to the pre-existing...