By Oliver Herzfeld and Jared Mermelstein - Marijuana’s classification as an illegal substance makes brand protection under trademark law problematic and uncertain. But it is not impossible for cannabis companies to protect their brands. It just takes some creative problem-solving!
By Oliver Herzfeld - A well-functioning corporate licensing program can help a brand to expand into new categories and territories, adapting to new trends and a changing marketplace. However, setting up such a program takes hard work and ongoing care.
By Oliver Herzfeld - Using another’s trademark on your goods and services usually requires a license. However, there are exceptions to that general rule. For example, under certain circumstances, you are not required to obtain a license in connection with trademark uses for purposes of parody. The recent decision in the case of Louis Vuitton v. My Other Bag provides a good example of this legal principle.