Category: Legal

First to file, first to amend or first to use hemp products?

October 28th, 2019

It has been four months since the U.S. Patent and Trademark Office (USPTO) clarified how it will handle trademarks for hemp and hemp-derived CBD products, however, the conundrum surrounding priority and dates of use has yet to come to a head. To recap, goods subject to the Food and Drug…

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The Green Kilometers: Exporting cannabis from Israel to the U.S.

October 23rd, 2019

On Christmas Day, 2018, the Knesset (the Israeli Parliament) passed Resolution 4490, allowing for the exportation of medical cannabis from Israel. Many are reporting that the flood gates are wide open, and that Israel will quickly be able to stuff its coffers. However, similar to how Colorado needed new regulations…

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‘False’ claims spark investor class action against Curaleaf

October 21st, 2019

Notwithstanding its relative infancy, the cannabis industry has attracted more than its fair share of charlatans and snake-oil salesmen seeking to defraud unsuspecting investors, prompting an untold number of securities fraud lawsuits. Now, operators who choose to market supposed health benefits of cannabis and derivative products may find themselves defending…

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Maryland updates its stringent marketing rules

September 24th, 2019

Businesses preparing to market a new product nationally must follow the rules of trademark law, as well as marketing and advertising claims under state and U.S. laws when creating a trademark, advertising copy and copyright-registered packaging for the product. In cases where the product is illegal under some federal laws,…

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Don’t puff, puff, pass on patent protection

August 15th, 2019

As the cannabis industry grows, companies must adapt to the challenges arising from that growth, including exploiting any available competitive advantages.

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The evolving legal landscape of employee cannabis use

August 13th, 2019

As more states legalize cannabis, the relationship between employers and an employee’s legal cannabis use grows increasingly uncertain.

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Track-and-trace

August 9th, 2019

Predictably, attempts to tracking and tracing software have instead created a chimera of regulation, big data and state-sanctioned monopolies.

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Hemp laws remain murky, despite the 2018 Farm Bill

August 8th, 2019

Despite its enormous potential, growth of the hemp industry is stymied by misinformation and states that refuse to legalize the crop.

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Trade war advances cannabis as the next big crop

August 6th, 2019

Farmers engaged in dwindling industries such as tobacco are looking for diversity in their agricultural products — and they are looking to cannabis to improve their economic situation.

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Franchising and the Cannabis Industry

July 22nd, 2019

Cannabis, the fastest growing industry in the U.S. job market today, is embracing one of America’s most popular business expansion engines — franchising. Denver-based ONE Cannabis and Florida-based Miracle Leaf each claim to be awarding franchises to catapult their growth, the former franchising cannabis dispensaries and the latter medical marijuana…

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