SCOTUS Watch: Bar on Immoral and Scandalous Marks Violates First Amendment
Source: FUCT™, soon to be FUCT® On June 24, 2019, the U.S. Supreme Court handed down Iancu v. Brunetti, dealing with the Lanham Act’s Section 2(a) bars to trademark registration’s collision against...
CannabIP: Second Circuit Refuses to Dismiss CBD Reclassification Case
On May 30, 2019, the Court of Appeals for the Second Circuit in Washington v. Barr, refused to dismiss outright a case where the plaintiffs alleged marijuana’s classification on the Drug Enforcement...
CannabIP: Developments in Cannabis Legalization and Effect on IP
As the new year opens, there have been some developments in legalization of cannabis use, both medicinally and recreationally. First, on the international front, South Korea legalized cannabis for...
CannabIP: State of Federally-Registered Cannabis Marks
As we leave 2018 behind us, there were a number of high-profile states and countries which entered the adult-use cannabis marketplace. More cannabis companies, formerly illegal, find themselves now...
Government Shutdown Effect on IP Offices
At midnight on Friday, December 21, 2018, the U.S. government entered a partial shutdown, which means all non-essential federal departments will close operations until funding has been appropriated...
CannabIP: U.S. Patent No. 10,028,987 B1
U.S. Patent No. 10,028,987 (‘987) issued on July 24, 2018, for “Cannabis-Infused Milk.” It was issued to inventor Dylan Pillsbury, of Dos Rios, California. The applicant/assignee is Chocowaska...
Fed Circuit Watch: Dangers of Pro Se Representation – Failure to Understand Procedural Rules
On August 27, 2018, the Court of Appeals for the Federal Circuit issued a rare trademark ruling, Zheng Cai, dba Tai Chi Green Tea Inc. v. Diamond Hong, Inc., dealing with the more mundane aspects of...
Fed Circuit Watch: TTAB Fails Genericness Test
In a rare review of a Trademark Trial and Appeal Board (TTAB) case, the Court of Appeals for the Federal Circuit vacated and remanded the decision in Royal Crown Co., Inc. v. The Coca-Cola Co.,...
CannabIP: FDA Approves First Drug with CBD Active Ingredient
On June 25, 2018, the Food & Drug Administration (FDA) issued a press release in which it approved EPIDIOLEX® for treatment of epilepsy, Lennox-Gastaut syndrome, and Dravet syndrome. Lennox-Gastaut...
CannabIP: Why the USPTO Will Not Register Marks for Cannabis-Related Goods or Services
It is perplexing there is still a belief (even among some trademark practitioners) that it is possible to file federal trademark applications at the U.S. Patent and Trademark Office for...
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