Trademark Dispute Involving California Cannabis Company

Trademark Dispute Involving California Cannabis Company

Cannabis law
California cannabis company Capna Intellectual just got hit with a preliminary injunction in a trademark lawsuit filed by huge tobacco corporation ITG Brands. The basis of the lawsuit is that Capna branded certain cannabis products with the word “BLOOM” with interlocking Os in the middle, which ITG claims is infringing on its KOOL brand of cigarettes, also with interlocking Os. The court ruled that while the case is pending, Capna must discontinue selling any of its products with the BLOOM branding, as well as post notices or corrections stating it will be replacing the logo moving forward. Distributors will be able to return any products with the prohibited trademark. Generally speaking, this injunction does not bode well for Capna’s BLOOM brand, as the court issues such an injunction when the…
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Cannabis Legalization Update

Cannabis Legalization Update

Cannabis law
In 2021, additional states have legalized recreational marijuana, meaning that about 44 percent of the United States population now lives in states with legal cannabis. Only ten years ago, no states permitted the sale of cannabis for recreational use, as Colorado and Washington started the trend in 2012. Now, the following states allow or are in the process of allowing recreational marijuana: AlaskaArizonaCaliforniaColoradoConnecticutDistrict of ColumbiaIllinoisMaineMassachusettsMichiganMontanaNevadaNew JerseyNew MexicoNew YorkOregonVermontVirginiaWashington South Dakota also passed a measure that was deemed unconstitutional earlier this year. About two-thirds of the public in the U.S. supports legalization on a nationwide basis, and it seems to be “when” the country will see such legalization at the federal level, not “if” we will see it. With each new legalization, the cannabis industry continues to boom, especially in more…
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Due Diligence for Cannabis Companies

Due Diligence for Cannabis Companies

Cannabis law
Cannabis companies of all types and sizes can be involved in many complex legal transactions, and it is critical that companies perform proper due diligence when needed prior to completing a transaction. Unfortunately, other companies are often less than forthcoming with accurate or complete information, or they can even engage in shady dealings. It is important to have a California cannabis attorney handling this process for you and advising you on transactions. Most people have little experience with the due diligence process, which makes it way too easy to overlook things or make mistakes. Even the slightest oversight can result in costly losses for your company in the long run. Due diligence involves vetting another organization with which you want to do business to ensure it has the assets or…
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Trade Secrets for Cannabis Companies

Trade Secrets for Cannabis Companies

Cannabis law
There is plenty of money to be made for marijuana growers, manufacturers, distributors, and shops in the Los Angeles area. It seems like new dispensaries are popping up on a regular basis, and there are unique legal concerns for this industry. For example, protecting intellectual property should be a significant priority. Marijuana continues to be a controlled substance under federal law, despite more and more states legalizing it. This makes it difficult for cannabis companies to obtain patents, trademarks, or other federal IP protections. For this reason, cannabis company owners might need to protect proprietary information as trade secrets. Some information that might be protected as trade secrets includes: Methods for growingSpecific soil mixturesRecipes for fertilizersProcess or techniques for extractionProcesses for curing or dyingRecipes for supplements or ediblesSupply pricing and…
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