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Legalized But Not Recognized: Brand Protection Without Federal Registration

Cannabis Business Executive
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The federal prohibition of marijuana in the U.S. has made it difficult for cannabis businesses to protect their brand identity, even when they are operating legitimately under state law.

Partner Jeffrey Johnson and Vedad Tabich co-authored the first in a series of three articles where we will explore alternative ways to protect a cannabis business’s brand identity in the absence of a right to obtain a federal trademark registration.

Jeffrey Johnson leads the firm’s Cannabis practice and is a member of Pryor Cashman’s Intellectual Property, Corporate, and Technology Groups; Vedad is a member of Pryor Cashman's Corporate Group. Partner Teresa Lee, who co-chairs Pryor Cashman’s Trademark Practice, also contributed to the article.

Read the first publication in the three-part series in Cannabis Business Executive.

More About the Cannabis Practice

Pryor Cashman’s Cannabis Practice works with numerous entrepreneurs, investors, influencers, regulators and other key stakeholders in the development and creation of marijuana, hemp, and cannabis-related and cannabis-adjacent products, including company formations and transactions, joint ventures, capital raising, real estate, trademark, patent and other IP-related issues, and more.