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…

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UFO Magazine, Inc. v. Showtime Network, Inc. involved a plaintiff’s second attempt to convince the District of Wyoming to hold Showtime liable for infringing the trademark UFO. The work in question was UFO, Showtime’s documentary-style television series by JJ Abrams. UFO Magazine has been publishing since 1998. One of the latest ideas the magazine was…

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Stanley Brothers Social Enterprises, LLC is a decision from the Trademark Trial and Appeal Board (TTAB) regarding the smoke surrounding trademark registration of cannabis products. In many ways, Stanley Brothers was a victim of its own success in promoting CBD, and Charlotte’s Web in particular, as a treatment for childhood epilepsy, because its promotion of CBD…

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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…

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