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With businesses engaging in increasingly more commerce over the internet, it is crucial to understand the consequences of displaying, using, and transferring another entity’s works online. Enter The Digital Millennium Copyright Act (DMCA) of 1998, which was signed into law by President Clinton to keep pace with the new realities of internet technology and commerce. The Act sought to protect intellectual property rights while simultaneously advancing the growth and development of e-commerce.

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Although New Jersey lawmakers cancelled a vote on an adult-use recreational cannabis bill recently, medical cannabis use gained some support following a ruling from the Appellate Division of the Superior Court of New Jersey that an employer’s failure to accommodate medical marijuana use by an employee constituted a valid basis for an employment discrimination claim.

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The Patent Trial and Appeal Board (PTAB) issued an opinion earlier this year lending support to those interested in seeking patents related to cannabis. GW Pharmaceuticals, a U.K. company focused on therapeutic cannabinoids, walked away with a partial win concerning a patent that involved the use of cannabinoids to treat epilepsy.

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On March 4, 2019, the United States Supreme Court resolved a longstanding split among the circuit courts concerning what exactly the copyright registration prerequisite to filing a copyright lawsuit means – whether an application to register is sufficient or an actual issued registration is required. The Supreme Court chose the latter holding that a copyright owner must first obtain a copyright registration certificate from the Copyright Office before filing a copyright infringement suit.

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The United States Copyright Office has denied a copyright submission over the “Carlton dance,” which was a routine first popularized on the hit 90s show, “The Fresh Prince of Bel-Air.”

Alfonso Ribeiro, the actor who played Carlton on the show, submitted three copyright applications over his dance routine to the U.S. Copyright Office. So far, two of the applications have been rejected and one is still under consideration.


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In what may seem like a male-dominated industry, the legal cannabis market has attracted many female entrepreneurs and participants who are making a big difference. Encouraged by states’ support for and focus on minority participation, women are taking advantage of opportunities in the developing and maturing legal cannabis space.

In fact, women hold nearly 27% of leadership roles in regulated cannabis compared to the 21% they hold in traditional businesses. Since women make about 80% of the health and wellness decision for traditional American households, women are well poised to create and sell cannabis products, especially those pertaining to luxury or skin-care such as topicals, lotions, candles, balms, and scents.


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A generic trademark or brand name is one that—due its popularity or common usage—has become synonymous with a general class of products or services. Famous trademark-turned- generic product names include Thermos and Velcro.

Under U.S. trademark law, generic trademarks can never be federally registered and protected under the Lanham Act (the Trademark Act of 1946) because the mark name refers directly to the class of a product or service it belongs to and is incapable of distinguishing that good or service from other goods or services on the market. Generic names must remain in the public domain, free for the public to use. Moving up the trademark scale of distinguishable marks, descriptive trademarks can be protected from public use if an applicant can show that they have acquired distinctiveness.


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Last month, Congress approved the final 2018 version of Section 7607 of the Agricultural Act of 2014 (the “Farm Bill”), which received bipartisan support in the Senate. The Bill removes “hemp,” a variety of the Cannabis sativa plant species, from the Federal Controlled Substances Act (“CSA”) and legalizes hemp cultivation as an agricultural commodity similar to grain, meat, and dairy. Commentators expect the historic new Farm Bill to considerably encourage and promote innovation, development, production, and consumption of hemp in the United States. But to understand the significance of the 2018 version of the Farm Bill, it is important to take a step back and understand what industrial hemp is, what distinguishes it from marijuana, which remains a Schedule 1 prohibited substance, and what the future of hemp looks like in this Country.

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dispensary insurance costRisk management is important for any business let alone a startup in a developing industry, but it takes on a whole new meaning for cannabis companies looking to make their mark on the burgeoning cannabis market. As more and more states go green and join the mounting number of sovereigns that permit, tax, and regulate medical and adult-use marijuana, the need for cannabis related banking, insurance, and real estate continues to grow.

As any cannabis entrepreneur and operator knows, the business is risky, capital intensive, and presents many unforeseen challenges. Proper and adequate insurance coverage and risk management is therefore paramount in such an uncertain, undulating industry.


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In a precedential Trademark Trial and Appeal board (TTAB) decision, the Board held that an applied-for trademark consisting of multiple colors on product packaging, without any distinct shape, pattern or design, can never be inherently distinctive. See In re Forney Industries, Inc., Serial No. 86269096 (September 10, 2018). Applicant Forney Industries, Inc. sought to register a color scheme on the Principal Register, consisting of a black banner above a yellow to red color gradient for use on the product packaging of its various metal hardware and other small welding tools.

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