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Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

Cannabis Law Report

held that a party’s state and common law trademark did not confer trademark priority in a trademark infringement suit based on the federal Lanham (Trademark) Act. Its first KIVA-branded products were sold in 2013. BACKGROUND. Plaintiff Kiva Health Brands LLC (“Kiva Health”) sells health and wellness food and food supplements.

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Is Tribal Cannabis on a Comeback Tour?

Canna Law Blog

And with good reason–in December 2014, the federal government announced that when it came to cannabis, it would not essentially treat Native American Tribes as it treats the states. Meaning, cannabis in Indian Country would not be a major enforcement priority similar to the states pursuant to the August 29, 2013 Cole Memo.

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Enforcement or Compliance

Canna Law Blog

The War on Cannabis continues through aggressive state and local enforcement and prohibition measures with no end in sight. This is all very bad and we collectively need to figure out how to get people to comply with state law rather than penalizing everything. This left enforcement to state regulators. The enforcement v.

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Crossing The Line: California Looks to Permit Interest Transfer and Distribution of Cannabis

Cannabis Law Report

This is notable because similar other bills in California (see, SHIP Act ) and other states (see, Oregon Senate Bill 582 ) make these permissions contingent upon the amendment of federal law.

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Foreign Investment in U.S. Cannabis: A Continuing Love/Hate Relationship

Canna Law Blog

Foreign investors though have a special set of issues to deal with when it comes to cannabis, and they don’t necessarily stem from state law licensing issues.

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Looking Back on 25 Years of California Cannabis: Growing Pains (STILL) Persist

Canna Law Blog

It was about legitimately ill Californians finally getting access to cannabis to self-medicate, and it did an amazing job serving that end goal. When I talk about enforcement, I’m not talking about throwing people in jail for violating MAUCRSA–that isn’t even really possible anymore under state law.

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Article: In the Weeds: Marijuana Legalization & Employment Laws

Cannabis Law Report

In 2012, Washington and Colorado became the first two states to legalize marijuana for recreational use. [8] 8] Since then, nine other states – including Alaska, California, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, and Vermont – and the District of Columbia have also legalized recreational marijuana use. [9].

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