Things to Keep in Mind When Marketing Your Pot

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In an article published by Law360, Stoel Rives attorneys Anne Glazer and Andrea Jasinek discuss trademark protections for entrepreneurs hoping to tap into what could prove a multibillion-dollar licensed marijuana market. Voters in Colorado and Washington state respectively decriminalized and legalized marijuana in last November's election, and the Washington State Liquor Control Board (WSLCB) is currently in the process of developing a licensing system for marijuana producers, processors, and retailers.

In the article, Glazer and Jasinek lay out the trademark and brand-protection options for participants in a new marijuana economy:

  • First, they underscore that if you are a producer, transporter or seller of marijuana, you likely will never obtain a federal trademark registration so long as marijuana remains illegal under federal law
  • Second, they discuss how state registrations and state courts can offer an alternative path to enforcement in states where marijuana has been legalized
  • Third, they point out that ancillary businesses centered around marijuana (e.g., media, technology, financial services and tourism) may be entitled to full federal and state trademark protection

Read the full Law360 article.

"Things to Keep in Mind When Marketing Your Pot" was published by Law360, February 19, 2013.

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Anne W. Glazer
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