Intellectual Property

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There’s a lot of exciting news coming out of the cannabis industry today! First, the Washington State Legislature unanimously passed Senate Bill 5276, authorizing hemp production in conformance with the agriculture improvement act of 2018 (more on that coming soon). Then the U.S. Department of Agriculture (USDA) announced that the Plant Variety Protection Office…

Headspace v. Podworks: Good News (With Warnings) for Marijuana Trademark Licensors

In January 2017, Headspace International, LLC, a California-based cannabis company, sued Podworks Corp., a Washington-state-based cannabis company, for trademark infringement. Headspace sells a product called “The Clear” and claimed Podworks’ “Top Shelf Clear” product infringed on its trademark. Podworks defended itself by claiming that…

We are proud to support Seattle University’s 6th Annual Northwest Marijuana Law Conference taking place on Friday, November 16. Josh Ashby and Sativa Rasmussen are the program’s Co-Chairs and will lead the conversation, bringing together experts from the law and the industry to provide critical focus and frameworks.

Ben Pirie will present on “Updates on…

What if a company patented any liquid form of high-potency cannabis? And, what would happen if that company used the patent to shut down the operations of anyone making these liquid forms? Those are the questions raised by a lawsuit filed in Colorado federal court on July 30, 2018, and the answers could have existential…

On June 7, 2018, a supermajority of the Washington Legislature blessed financial institutions and accountants providing services for the licensed marijuana industry. The new law is comfort legislation for a special class in Washington. It is also a protest against impressions about the threat of federal prosecution. But what comfort is the legislation for persons falling outside the protected group? Does it provide any comfort or is it the proverbial cold comfort? The answer may be economics and politics (limited funds to target violent crime, federal/state relations and votes) should reduce the threat of prosecution, regardless of the new legislation.
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Continue Reading 2018 Washington State Comfort Legislation for the Financial Industry and Accountants Dealing With Licensed Marijuana Businesses

In the recent issue of GQ magazine, an article entitled, “The Great Pot Monopoly Mystery,” sought to unravel some of the mystery behind the “shadowy” BioTech Institute LLC. The article made a particular point that should be of immediate concern to those in the Cannabis industry – BioTech’s burgeoning patent portfolio.
Continue Reading The Cannabis Patent War: In the Midst of Chaos, There is Opportunity*