Legal Insights

Technology Law
Josh Zetlin

NFTs, Blockchain, Cryptocurrencies, and the Next Frontier of Trademarks

Most nationally recognized brands seem to remain bullish on expanding into next-generation frontiers, such as Web3, non-fungible tokens (“NFTs”), virtual goods, and even cryptocurrencies. Taking their cue from giants in other industries, ambitious cannabis, beverage, and other highly-regulated industry companies may want to shore up their brand protection assets in these important spaces before it’s too late.

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Cybersquatting can dilute and harm a brand in many ways, including by drawing potential customers and business opportunities away from a business. The cost of a UDRP action could prove very worthwhile when a disputed domain is actually damaging a business.
Intellectual Property
Josh Zetlin

UDRPs for Regulated Substance Domain Names

Cybersquatting can dilute and harm a brand in many ways, including by drawing potential customers and business opportunities away from a business. The cost of a UDRP action could prove very worthwhile when a disputed domain is actually damaging a business.

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Intellectual Property Considerations for Alcoholic Beverage and Cannabis Labeling
Intellectual Property
Josh Zetlin

When it comes to Alcohol and Cannabis Labels – Don’t Forget the Intellectual Property!

When scrolling through bottles of wine and beer at your local liquor store, or browsing the cannabis products in a neighborhood dispensary, labels jump out as one of the most important ways for a beverage or cannabis business to connect with its customers. Labels capture consumers’ attention, distinguish products from each other, and convey important information to potential buyers. This

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Workplace misconduct -- such as health and safety violations, retaliation, drug and alcohol use, and theft or fraud -- ranks among the most important legal challenges a cannabis or beverage company might encounter
Labor & Employment
Josh Zetlin

Investigate Workplace Misconduct…Don’t Turn a Blind Eye!

The mountain of legal issues facing businesses in regulated industries often seems overwhelming. But, thoughtful management can utilize an important tool – internal investigations – to uncover and mitigate potential workplace-related liabilities before they spiral out of control.  What is Workplace Misconduct? Workplace misconduct — such as health and safety violations, retaliation, drug and alcohol use, and theft or fraud

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Trademark Opposition for Cannabis and Beverage Businesses
Intellectual Property
Josh Zetlin

Trademark Opposition Proceedings for Cannabis and Beverage Businesses

Trademarks represent important corporate assets of all consumer-facing companies, especially those in highly regulated industries, like the cannabis or beverage industries.  The intellectual property comprising a company’s brand sets a business apart from its competitors and can even help overcome the stigma traditionally associated with many highly regulated industries. An important aspect of creating, owning and utilizing these important intellectual

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Are Baseless Claims of Terpene Drift a Valid Legal Concern for Cannabis Cultivators?
Disputes & Litigation
Josh Zetlin

Are Claims of Terpene Drift and Taint a Legal Concern for Cannabis Cultivators?

Cannabis Terpenes in Wine? Recently, the cannabis industry has been beset by claims from vineyards and other agricultural interests that “terpene drift” and “terpene taint” from cannabis risks harming grapes and affecting the taste of wine. This often represents a clash between legacy agriculture (vineyards) and new upstarts (cannabis cultivators) in regions traditionally associated with wine. However, despite the vocal

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The USPTO can send an office action, listing any legal problems with the chosen trademark and application, in response to a cannabis company's federal trademark application.
Intellectual Property
Josh Zetlin

Responding to USPTO Office Actions – Challenges for Cannabis Companies

USPTO trademark registrations are an important way for cannabis companies to protect and grow their brands nationally.  While cannabis companies still cannot register trademarks that identify goods or services related to manufacturing, distributing, dispensing, and possessing cannabis and cannabis-based preparations because cannabis, and its psychoactive component, Tetrahydrocannabinol (THC), remain classified as Schedule I controlled substances under the federal Controlled Substances

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Cannabis Businesses Should Secure Federal Trademarks to Protect Their Intellectual Property.
Intellectual Property
Josh Zetlin

How Cannabis Companies Can Protect Their Intellectual Property In The Event Of Federal Legalization

On July 1, 2021, when the State of Virginia’s and the State of Connecticut’s cannabis legalization took effect , 18 states across the nation had legalized adult-use cannabis. With positive momentum on states legalizing recreational cannabis, as well as clear and repeated assertions from Senate Majority Leader Chuck Schumer (D-NY), it’s not farfetched to assume that nationwide legalization is on

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Force Majeure Clauses: Pandemic-Proofing Cannabis & Hemp Industry Contracts in California
Corporate & Transactional
Josh Zetlin

Force Majeure Clauses: Pandemic-Proofing Cannabis & Hemp Industry Contracts in California

Due to government-issued shutdowns, quarantines, and employee wellness concerns,  industries worldwide are facing severe declines in productivity. While the world waits for a COVID-19 vaccine, as cannabis and hemp industry operators, you might have a lot of questions about whether or not your business is obligated to perform under its contracts in this time of crisis. Something called a “force

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