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Trademark Licensing in the Cannabis Industry: Legality, Disclosure, Diligence, and Key Provisions

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Tuesday, March 28, 2023

Recorded event now available

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This CLE webinar will guide IP counsel on the unique issues that trademark owners and licensees need to consider when licensing a trademark for use in connection with cannabis products. The panel will address legality, state licensing and disclosure requirements, due diligence, and key provisions in light of the nature of the cannabis products. The panel will offer best practices for licensing cannabis-related marks.

Description

Hemp goods and services may now be eligible for trademark protection, though many CBD products remain unlawful at the federal level. Meanwhile, marijuana continues to be a Schedule I drug, but is legal in an increasing number of states. The legal status of cannabis impacts trademarks and may be problematic for those not in compliance. The complicated legal landscape poses unique issues for those in the cannabis industry.

Some license terms may require the trademark owner to comply with state cannabis laws, including applying for a cannabis permit. Some states may require a trademark licensor to have a cannabis license while other states may have mandatory requirements related the disclosure of the trademark license arrangement. It is important for counsel to be involved in understanding the requirements triggered under state law.

As part of due diligence, licensors need to understand state and local cannabis regulations. As with other types of license arrangements, licensees should confirm the licensor owns the trademark rights, there are no challenges to those rights, and use of the mark.

Listen as our authoritative panel of IP attorneys examines the unique issues that trademark owners and licensees need to consider when licensing a mark for use in connection with cannabis products. The panel will address legality, state licensing and disclosure requirements, due diligence, and key provisions in light of the nature of the cannabis products.

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Outline

  1. Unique issues
    1. Legality
    2. State disclosure requirements
  2. Due diligence
  3. License terms
    1. Acknowledgement of trademark rights
    2. Use of the mark
    3. Quality control
    4. Compensation
    5. Legal compliance
    6. Waiver of illegality

Benefits

The panel will review these and other key issues:

  • What are the key contract terms to include in a trademark license for cannabis products?
  • What unique issues do cannabis licenses face? What pitfalls should be avoided?
  • What factors must be considered to minimize risk?

Faculty

Homen, Delfina
Delfina Homen

Special Counsel
Miller Nash

Ms. Homen is an intellectual property litigator and has represented clients from diverse industries in lawsuits...  |  Read More

Rocafort, Frederic
Frederic (Fred) Rocafort

Attorney
Harris Bricken Sliwoski

Mr. Rocafort leads Harris Bricken’s intellectual property practice and is the coordinator of the firm’s...  |  Read More

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