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How to Protect Your Brand From Counterfeiters

Cannabis Law   |   Intellectual Property   |   November 25, 2019

Carlton Fields intellectual property attorney Gail Podolsky authored an article in the Cannabis Industry Journal about what cannabis companies can do to protect their brands from counterfeiting. U.S. trademark laws prohibit the registration of cannabis trademarks, making it difficult for cannabis companies to go after counterfeiters using trademark law.

“Fortunately, there is another avenue that cannabis companies should be using to protect and enforce their brands against counterfeiters — obtaining copyright registrations for the company’s logo, product packaging and, if appropriate, company name,” Podolsky wrote.

Vendor and distributor agreements should include protections against counterfeiters, and litigation can also be a valuable and effective tool, Podolsky added.

READ: Cannabis Industry Journal — “How to Protect Your Brand From Counterfeiters

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