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California Emergency Cannabis Regulations

What’s New? The California Bureau of Cannabis Control (BCC) along with the Departments of Public Health and Food & Agriculture issued emergency regulations to fully implement the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and provide guidance for California cannabis businesses heading into 2018. We have focused on the select regulations to generally determine how cannabis businesses... read more

Global Cannabis Marketplace

The United States is viewed as the land of opportunity, prosperity, and innovation. Americans take pride in the country’s historically progressive policies and contributions to advancements in medicine, technology, and science. However, when it comes to cannabis, the U.S. federal government is lagging behind the international marketplace. Over the past decade, individual states have made great progress in creating... read more

How to Deal with a Cease & Desist Letter

Receiving a cease and desist letter can evoke a flurry of emotions. Fear of litigation, defensiveness of your brand, concern for the future of your business, etc. But, taking a step back, it is important to understand what a cease and desist letter is, how it is used as a strategic enforcement tool, and what you should do if... read more

The Claim Game: FDA Monitoring & Challenging Health Claims for Cannabis Products

There is increasing recognition of the healing potential of cannabis. Even the FDA has approved two synthetic marijuana-based medicines for treatment of nausea in chemotherapy patients and to increase appetite in AIDS patients suffering extreme weight loss. However, since the FDA’s approval of new drugs relies on testing and clinical trials, the status of cannabis as a Schedule I... read more

Protecting Your Trade Secrets

By definition, a trade secret can be almost anything that has economic value and provides a competitive advantage. A well-known example of a well-kept trade secret is the Coca-Cola formula. Since 1891, founder Asa Candler maintained strict policies to keep and protect the formula from the public. Each state has its own laws for protecting trade secrets, but all... read more

Is CBD Federally Legal?

Cannabidiol (CBD) is one of the primary cannabinoids naturally occurring in plants with the genus Cannabis sativa L. CBD is non-intoxicating and often used in products to combat pain, inflammation, and anxiety. Sales of products containing cannibidiol (CBD) continue to increase as consumers begin to recognize the health benefits CBD affords. While most cannabis products are sold through highly... read more

Summary of Pending California Cannabis Legislation

As the California state legislature is back from summer recess, it is an apt opportunity to provide an overview of the pending legislation relating to cannabis trademarks, advertisement, packaging, and labeling. Unsurprisingly, child protection from cannabis products is one of the major drivers in these proposed bills. Additionally, the legislature’s regulations are designed to promote consumer safety and prevent... read more

Proposed California Bill to Ban Cannabis-Branded Merchandise Under SB 162 (Update)

Updated to reflect the Assembly amendments made on July 20, 2017. (Revisions to this previously posted article are in bold or in red.) On June 27, California Governor Jerry Brown signed SB 94 into law effectively repealing MCRSA and AUMA, combining regulations governing medical and adult-use cannabis under the Medical and Adult-Use Cannabis Regulation Safety Act (MAUCRSA)—that’s a mouthful.... read more

Famous Trademarks & Cannabis Branding

By definition, trademark infringement is the unauthorized use of a mark on goods or services in a manner that is likely to cause confusion, deception, or mistake as to the source of the products. However, all trademarks are not created equal and stronger marks enjoy a broader scope of protection. In fact, trademark owners of U.S. registrations for strong... read more

Copyright v. Trademark Protection for Logos

Copyright protection may provide an alternate path to protecting a logo or design mark. Unlike trademark law, copyright law does not extend to protection to a word or phrase, such as a business name, but rather, it covers original works of art, including logos, infographics, and designs. In order to qualify for copyright protection, a work must meet three... read more
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Contact Evoke Law

iplaw@evoke.law 415.398.3141