Danielle Johnson Quoted on WIPR
Is the US cannabis trademarks ban ‘untenable’?
Danielle Johnson, an associate in the firm's Intellectual Property Group was recently quoted in the World Intellectual Property Review's article "Is the US cannabis trademarks ban ‘untenable’?" The article looks at the trademark question for cannabis as more and more states legalize the plant outright or permit it for medical use.
“Were the USPTO refusing trademarks covering cannabis goods based on Section 2(a) the Lanham Act, which was the provision at issue in Tam and Brunetti, I would agree with the assessment that the USPTO's stance is untenable,” says Danielle Johnson, an associate at Goldberg Kohn. “But the USPTO refuses such applications under Sections 1 and 45 of the Lanham Act, which require that goods be ‘in use in commerce’,” she says.
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