Delfina Homen, intellectual property and cannabis attorney, will present as part of a Strafford CLE panel, “Trademark Licensing in the Cannabis Industry: Legality, Disclosure, Diligence, and Key Provisions,” on Tuesday, March 28 at 10:00 a.m. PT.
She will be joined by Harris Bricken Sliwoski LLP's Frederic Rocafort, and together they will examine the unique issues that trademark owners and licensees need to consider when licensing a mark for use in connection with cannabis products. Delfina and Frederic will address legality, state licensing and disclosure requirements, due diligence, and key provisions in light of the nature of the cannabis products.
About the Program
Hemp goods and services may now be eligible for trademark protection, though many CBD products remain unlawful at the federal level. Meanwhile, marijuana continues to be a Schedule I drug, but is legal in an increasing number of states. The legal status of cannabis impacts trademarks and may be problematic for those not in compliance. The complicated legal landscape poses unique issues for those in the cannabis industry.
Some license terms may require the trademark owner to comply with state cannabis laws, including applying for a cannabis permit. Some states may require a trademark licensor to have a cannabis license while other states may have mandatory requirements related the disclosure of the trademark license arrangement. It is important for counsel to be involved in understanding the requirements triggered under state law.
As part of due diligence, licensors need to understand state and local cannabis regulations. As with other types of license arrangements, licensees should confirm the licensor owns the trademark rights, there are no challenges to those rights, and use of the mark.
During this program, Delfina and Frederic will examine the unique issues that trademark owners and licensees need to consider when licensing a mark for use in connection with cannabis products. They will address legality, state licensing and disclosure requirements, due diligence, and key provisions in light of the nature of the cannabis products.
