I was honored to be a panelist at the New York City Bar Association’s event “The Cannabis Goldrush and the IP Landgrab” this week. The title of my presentation was “Trends in Cannabis Patenting.” I began with examples of the three types of patent (utility, design, and plant) before moving onto the somewhat related Plant Variety Protection Act. » Read More
As we previously blogged, the last subsection of the Agriculture Improvement Act of 2018 (the “Farm Bill”) amended the Controlled Substances Act (the “CSA”) to exclude “tetrahydrocannabinols in hemp,” where hemp “means the plant Cannabis sativa L. and any part of that plant . » Read More
Cannabidiol, a cannabinoid found in the cannabis plant, more commonly known as “CBD” (or what sellers are claiming to be CBD) can be found everywhere – on the Internet and social media, and at wellness centers, grocery stores, pharmacies, and convenience stores. » Read More
By now some of you may have heard about the truck driver that was arrested for transporting nearly 7,000 pounds of industrial hemp in the truck he was hauling from Oregon to Colorado. This simple case presents critically important legal and technological issues that will likely plague the legal cannabis industry for years to come: enforcement and testing.» Read More
As mentioned in our prior blog post here, on December 20, 2018, President Trump signed into law the Agricultural Improvement Act of 2018 (the “Farm Bill”). The bill de-scheduled hemp from being a federally controlled substance, and legalized hemp-derived cannabidiol (“CBD”) provided it meets the legal definition of industrial hemp. » Read More
Last year I blogged about the NFL’s aggressive enforcement of its trademark rights in the SUPER BOWL mark on Norris McLaughlin’s More Than Your Ma®k blog. (You can check out that post here.) The NFL clearly understands that trademarks are a mainstay of its brand and so, unsurprisingly, acts aggressively to protect them. » Read More
While the “legal haze” of U.S. trademark registrations is undoubtedly challenging, brand owners of cannabis-related goods in the beauty and wellness industry are up to the challenge. In the past five years, the trademark applications for these cannabis-related products have exponentially increased. » Read More
Cannabis is trending in the beauty and wellness industry. More and more companies are infusing hempseed oil and CBD derived from hemp in salves, lotions, creams, oils, extracts, and lip balms, among other products. Although the industry is taking off, the legal framework lags behind the expansion of the industry and broad acceptance of consumers to purchase these products. » Read More
Last Friday, we were invited to take a tour of Curaleaf New Jersey, one of the six authorized medical marijuana dispensaries in the state. While there, we met with George Schidlovsky, President of Curaleaf New Jersey, and Bridgette Fonseca, Director of Dispensary Operations.» Read More