The Western District of North Carolina’s CBD Industries, LLC v. Majik Medicine, LLC is yet another case revolving around the USPTO’s shaky guidance for cannabis products. Originally delegated to a magistrate judge who issued a Memorandum and Recommendation (M&R), the plaintiff’s motion to dismiss the defendant’s counterclaims and cancel the defendant’s trademark registration was denied…
In the recent but now famous U.S. Supreme Court case of Iancu v. Brunetti, the mark in question was, as discussed at oral argument, a homonym of the past participle of a well known profanity — “F.U.C.T.” (which was purportedly meant to be pronounced by its initials). One of the niceties of both the oral argument and…
