Jennifer Lee Taylor and Sabrina Larson authored an article for IP Watchdog discussing the intellectual property issues that arise when companies in the field of cannabis-related goods and services use other companies’ recognizable brands for promotion.
“Not surprisingly, brand owners are responding with lawsuits, alleging trademark infringement, dilution, and unfair competition among other claims,” the authors wrote. “The focus of these lawsuits is generally quick injunctive relief to stop harm to the brand, rather than damages. This makes sense because of the uncertainty of collecting from companies who do not rely on the traditional finance services industry. But injunctive relief is not guaranteed without demonstrating the four preliminary injunction factors: (1) likelihood of success on the merits, (2) likelihood of irreparable harm in the absence of preliminary relief, (3) the balance of equities, and (4) the public interest.”
Read the full article.