Unique Challenges for Marijuana Businesses

Colorado companies involved in the marijuana business face a unique challenge. While other businesses can protect their brands and identities by filing for a federal trademark with the USPTO, the Lanham Act prohibits businesses in the marijuana industry from receiving trademark protection. That leaves Colorado’s cannabis entrepreneurs in a tough spot. If they take the time and spend the money to develop a true brand identity, they have no easy protection from competitors copying their brand identity and passing off fake products as genuine. In the absence of federal trademark protection, Colorado businesses need to take advantage of the protection available under state law. Ogborn Mihm, LLP is helping one such business defend its brand identity and trademarks in Boulder District Court.  For more, please visit: http://www.businessden.com/2015/08/12/pot-bb-takes-copyright-fight-to-court/.