New paper on Marijuana and trademarks
A new paper on marijuana and trademarks posted to SSRN caught my eye. The paper, “Pot-Pourri of Possibilities for Marijuana in Trademark Law” is written by Dash DeJarnatt, who is affiliated with Seattle University School of Law (as, I believe, a student since I could not find a listing on the school’s site.) I’ve only had the chance to skim the paper, but it looks like it should be an interesting and though-provoking one.
From the introduction:
This paper intends to show that marijuana-based businesses can comply with current state laws and still acquire legitimate trademark protection from a federal registration with the United States Patent and Trademark Office (USPTO). While a book could easily be devoted to the implications of trademark infringement for marijuana, this paper will not go that far. Part I briefly introduces the relevant policy of trademark law to illustrate why most believe the door is shut on federal trademark protections for marijuana. In contrast, Part II identifies a few possible windows for trademark protection through five hypothetical situations illustrating how a marijuana-based business can acquire protectable marks using a federal registration while still complying with Washington and Colorado laws, respectively. Part III will conclude with some basic concerns such as potential responses by the Trademark Trial Appeals Board (TTAB), Congress, and the likely path for maturing brands in the newly emerging state marijuana markets.