Partners Jonathan Menkes and Jonathan Hyman were quoted in “Four new states legalise recreational cannabis: what it means for brands,” which was published in World Trademark Review.
Excerpt: “With the media focused largely on the presidential race in the United States this week, state-level votes have not generated the same headlines. However, this week the electorate in four more states have given the green light to the legalisation of recreational cannabis, while Oregon has voted to decriminalise the possession of hard drugs. In light of this, WTR asked legal experts how this could affect brand owners.”
“The big question is whether legitimate businesses operating in this industry can realistically look towards federal trademark protection in the near future. For now, there remains a long way to go before the USPTO can issue federal registrations of marks for a product under the Controlled Substances Act, explains Jonathan Hyman.”
“Jonathan Menkes, a partner at Knobbe Martens, argues that “as more states come on board with the recreational use of cannabis, it seems likely that courts would be more willing to recognize trademark infringement causes of action”.
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