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Circuit Split Over Budding Brands: Exploring The Impact of The “Unlawful Use” Doctrine in The Cannabis Industry
Cannabis-industry litigants have recently asked the federal district and circuit courts to grapple with the boundaries of deference to the United States Patent and Trademark Office’s interpretation of the Lanham Act. Throughout these cases, a threshold question has emerged: can a mark used lawfully in a state-regulated cannabis market acquire federal-level trademark rights? The circuit courts of appeals are split.
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