In 2020, the Supreme Court resolved a longstanding circuit split with its decision in Romag Fasteners v. Fossil Group. As a result, proof of willful infringement is no longer required for trademark owners to recover infringers' profits. The decision makes it easier for trademark owners to recover infringers' profits and increase the damages awards.
Without federal legalization, cannabis operators are faced with challenges in protecting their trademark rights.
The Copyright Claims Board (CCB) is an alternative forum to federal court to resolve copyright disputes up to $30,000 (called “small claims”).
Join us for our 46th Annual Intellectual Property Institute: November 3-5, 2022!
While cannabis remains illegal at the federal level, nearly twenty states have passed laws authorizing the adult use of cannabis products, and nearly 40 states allow medical cannabis use.