In articles I and II of our three-part series, we provided a brief overview of the obstacles cannabis businesses face in protecting their brand identity and a range of federal-law-based solutions to those challenges. In this third and final article, we set forth state and common-law solutions that afford a level of protection that, while less robust than the protection offered to federally registered trademarks, can nevertheless be useful in establishing and protecting the goodwill associated with marijuana-related goods and services. The full article can be accessed in the PDF attached or via the link below. 

Partner Jeffrey Johnson and Vedad Tabich co-authored this article. Jeff leads the firm’s Cannabis practice 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.