About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

60 IDEA 502 (2020)
Blunt Advice: A Crash Course in Cannabis Trademarks

handle is hein.journals/idea60 and id is 524 raw text is: 

502


             BLUNT ADVICE: A CRASH COURSE
                    IN CANNABIS TRADEMARKS

                                    JOHN GILBERTSON

ABSTRACT

       Cannabis  brands are going mainstream, and they
want  trademark protection. Getting it, however, is easier
said than done. Because cannabis is largely illegal at the
federal level, the United States Patent and Trademark
Office (USPTO)  will not bestow federal registration on
trademarks  used  in connection  with products  having
greater than 0.30 THC content-even  in states which have
legalized recreational cannabis use.   This presents a
problem  to cannabis brands, because federal registration
offers the broadest trademark protection. The effect is that
cannabis brands must  navigate a confusing patchwork of
state-level trademark laws to cobble together whatever
common-law  rights they can muster.

       There  are, however,  a number   of recent and
continuing developments  in the law, the knowledge  of
which will enable a savvy cannabis company to maximize
its brand protection in the face of an uncertain landscape.
For  example,  the Supreme  Court  has demonstrated  a
marked  willingness over the past few decades to curtail
government  restrictions on commercial  speech.   This
includes two recent decisions, Matal v. Tam and lancu v.
Brunetti, in which the Court struck down two substantial
Lanham  Act provisions-the disparagement clause and the
immoral/scandalous   bar  as   unconstitutional speech
restriction.

* J.D., Drake University Law School, 2020; B.A., Berklee College of
Music, 2007.


60 IDEA 502 (2020)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most