First Amendment May Help Cannabis Companies Beat Trademark Infringement Claims
Canna Law Blog
JUNE 27, 2022
Editor’s Note: A version of this article by Fred Rocafort was first published on Law360. The U.S. Constitution’s free speech protections, found in the First Amendment, may present a legal recourse for cannabis brands in trouble for using marks that are similar to famous trademarks. To be clear, a free speech argument will not be of help to those who simply copy a famous trademark, making no effort to differentiate between their mark and the famous one.
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