Trademark Law Leaves Legal Marijuana Sellers High And Dry

Law360, New York (August 27, 2014, 7:56 AM EDT) -- A unique product is for sale in parts of the United States — one that is sold legally, but cannot enjoy federal trademark protection. This isn't a riddle; legal recreational marijuana is big business. In fact, Colorado collected over $10 million in tax revenue from recreational marijuana sales in just the first half of 2014.[1]

While the green may be rolling, licensed marijuana sellers in this lucrative market are facing a serious brand protection problem. Because marijuana is still illegal under federal law, the sale of marijuana cannot be in lawful interstate commerce — a prerequisite for federal trademark registration. In...

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