Cannabis Law Perspectives

Legal insights into california's cannabis industry

Federal Trademark Registration for CBD Brands
Intellectual Property
Josh Zetlin

Federal Trademark Registrations for Hemp-derived CBD Brands Following The 2018 Farm Bill

The United States Patent and Trademark Office (“USPTO”) has long refused to register trademarks and service marks for goods and/or services that violated federal law, regardless of the legality of the activities under state law. (See generally Trademark Manual of Examining Procedure (TMEP) §907.) As many cannabis and hemp brands know, this restriction made securing federal trademark protection a challenging

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The Growing Value of Domain Names in the Cannabis Industry
Intellectual Property
Josh Zetlin

The Growing Value of Domain Names in the Cannabis Industry

Domain names represent one of the most important, yet often overlooked, components of any cannabis company’s branding efforts. At a basic level, domain names allow consumers to find websites through easy-to-recall names (e.g. “www.rogowaylaw.com”) rather than the all-numeric IP addresses (such as “192.0.34.65”) assigned to each computer on the Internet. Each domain name is made up of a series of

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Copyrights represent a key type of intellectual property for many cannabis businesses.
Intellectual Property
Josh Zetlin

Understanding Copyright Registration and Enforcement for Cannabis Brands

What Qualifies for a Copyright? Copyright is a form of intellectual property that grants the creator of an original work the exclusive right to determine whether, and under what conditions, this original work may be used by others. Under US law, copyright protection exists “in original works of authorship fixed in any tangible medium of expression, now known or later

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California recently tasked CalCannabis with developing a process for licensed cannabis cultivators to establish state cannabis appellations - the CalCannabis Appellations Project.
Intellectual Property
Josh Zetlin

What the CalCannabis Appellations Project means for California Cannabis Cultivators, Manufacturers & Retailers.

Tequila from Mexico, Roquefort cheese from France…cannabis from Humboldt?!  Consumers around the world place great importance on the place of origin for many agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.  This trend holds true in the cannabis industry. Many in cannabis companies recognize the importance of promoting the geographic origin, otherwise known in trademark lingo as

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Copyright Protection for Cannabis Businesses
Intellectual Property
Josh Zetlin

Copyright Protection as an Alternative to Trademarks: A Guide for Cannabis Businesses

As most companies are well aware, a well-known brand (aka a trademark) represents one of a business’s most valuable assets.  Companies spend thousands of dollars and countless hours developing a distinctive visual look, crafting the perfect logo, and devising ways to make their product packaging stand out from the crowd of competitors.  It’s only natural for companies to vigorously protect

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2017 California Legislative Guide for the Cannabis Industry
Intellectual Property
Joe Rogoway

2017 California Legislative Guide for the Cannabis Industry

This is the first posting in a series intended to provide an overview and ongoing updates of California lawmaking during 2017. Over coming days and weeks, we give an overview of the 46 different items currently pending in Sacramento, including legislation, budget bills, joint resolutions, and the Governor’s budget proposal, each of which may affect how cannabis is regulated in

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Cannabis Trademarks
Intellectual Property
Rogoway Law Group

What You Should Know About Cannabis Trademarks

Even though California law is set to recognize cannabis as a lawful, for-profit consumer product starting in 2018, existing law provides very little assurance to entrepreneurs that they will be able to establish protectable cannabis trademarks. This legal update explains (1) the current deficiency in California law, (2) the basic long-term strategies aspiring cannabis companies should consider, and (3) the

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