Tag Archives: Pot-pourri of Possibilities for Marijuana in Trademark Law

Pot-pourri of Possibilities for Marijuana in Trademark Law

Dash DeJarnatt, of the Seattle University School of Law, contends that trademark considerations “will be incredibly important for [the] long-run vitality” of the new legal marijuana industry. Trademarks will assist consumers in that they will reduce search costs. They will also let investors avoid seeing “their goodwill poached by rivals.” Yet the US Patent and Trademark Office interprets its mandate via an “illegal use” doctrine. Given the continued illegality of the industry at the federal level, this is “bad news for marijuana-based businesses,” DeJarnatt says, though he does offer suggestions for creative lawyering.


Top