Cannabis Trademarks: How Companies can Protect their Brands in Evolving Global Markets
Brands are necessary to establish the public’s confidence in a product or service and help motivate a purchase. This fact is especially relevant in cannabis, where cannabis brands can be used across a variety of commercial activities, but cannot be taken across state lines (or even borders). Multiple strategies must therefore be put in place to account for trademark protection availability, regulatory restrictions regarding use, and commercial realities involved in selling cannabis related goods and services. This panel explores best practices and strategies for brand use and brand protection in cannabis and the unique challenges presented by the Farm Bill, continuing illegality of cannabis under the CSA, as well as some international considerations to keep in mind.
Jason Moscovici is a lawyer, biochemist, and founder of Provisions Legal Services, a Canadian law firm specialized in regulated industries. His practice focuses on intellectual property and regulatory compliance in fields such as cannabis, pharmaceuticals, medical devices, cosmetics, personal care products, nicotine delivery and natural health products.
Jason’s focus on the valorization and enforcement of IP, as well as the numerous compliance issues that orbit regulated businesses, have allowed him to become one of the most trusted legal advisors to the emerging international cannabis industry. His perspectives on innovation, and the commercial hurdles related specifically to the area of controlled substances old and new, are routinely solicited by industry groups and other stakeholders in this space. He sits on several committees and working groups dedicated to identifying and establishing international legal practices in these areas.
From Advocate to Architect, Jessica's passion for justice drives her groundbreaking work in the cannabis industry. Her successful legalization advocacy and policy expertise set new precedents in cannabis law. Jessica's deep knowledge of intellectual property law empowers clients to protect their innovations and thrive in this dynamic market.
Jessica Gonzalez is an award-winning cannabis attorney, adjunct professor, advocate, consultant and international speaker. An Ecuadorian immigrant, Jessica has dedicated her career to uplifting communities harmed by cannabis prohibition through advocacy and education.
In 2020, Jessica led the social impact committee for NJ CAN 2020, the coalition that ran the most successful cannabis legalization campaign in the U.S. Through her advocacy work, she has helped shape cannabis policy on the statutory, regulatory, and municipal levels in New Jersey and has advised on social equity efforts in multiple states.
In 2021, Jessica made history with the first cannabis industry presentation to over 400 USPTO trademark examiners, further establishing her as a leading figure in cannabis policy and legal practice. As a cannabis attorney, she has assisted clients in navigating the legal cannabis industry in the areas of trademark, commercial transactions and state cannabis licensing applications for over five years.
Most recently, Jessica’s consulting company, Veridis Quo, was selected by the New Jersey Business Action Center (NJBAC) to serve as the inaugural consultant to develop and launch the New Jersey Cannabis Training Academy (NJCTA) underscoring her significant contributions to cannabis education. Understanding the importance of cannabis education, Jessica has taught cannabis history and policy courses at both Hudson County Community College and Rowan University at the graduate level.
She also serves as an executive board member of Supernova Women, a national nonprofit that supports small business owners of color in the cannabis economy. Jessica is also an alumnus of the New Jersey New Leaders Council, a national organization that selects civic leaders in their respective fields.
Jessica has been recognized as one of the “Top 100 Most Influential People” in Cannabis by High Times Magazine, “Reformer of the Year” by Cannademix, “Top 40 under 40 Rising Stars” by Marijuana Venture Magazine and Cannabis Now Magazine, designated as a “Cannabis Law Trailblazer" by the National Law Journal and awarded “Community Game Changer of the Year” by NJ Cannabis Media. She's been quoted and featured in numerous media outlets such as New York Times, Rolling Stone, NJ Law Journal, MJBIZ Daily, Cheddar, and the Cannabis Business Times.
Laurie Parfitt is an accomplished executive, leader, and coach with more than 2 decades of experience driving innovation and execution across various functional areas of start-ups and Fortune 500 companies, including Kraft Foods, Beam Suntory, Topco Associates, Mizkan America, 4Front/Mission Dispensaries, and LKP Impact Consulting. Through her company, LKP Impact Consulting, Parfitt works with cannabis and other disruptive, highly regulated categories as a Fractional CMO on brand strategy/design, consumer insights, public relations, content development and commercial go-to-market strategy. Her expertise and achievements have made her a renowned speaker at prestigious industry events such as the CBT Cannabis Conference, Benzinga, CannaReg Summit, Illinois Women in Cannabis, Tony P Cannabis Events, Headset Data Nights, Cannabis Drinks Expo, MJ Unpacked, MJ Bizcon, Lackawanna College, and The Hatchery. As Vice President of Marketing & Customer Engagement at 4Front/Mission Dispensaries, Laurie played a crucial role by leading marketing efforts and engaging with customers, and she also held senior positions in marketing, sales strategy, operations, and finance at Topco Associates, Walgreens, Beam Suntory, and Kraft Foods. Laurie's educational background includes a Bachelor of Science degree from Michigan State University. Laurie serves on the advisory boards of EndoDNA, The Cannabis Hall of Fame, Cannabis Business Times-Cannabis Conference as well as The CannaReg Summit and has been a mentor, coach, and teacher for The Hatchery, Illinois Women in Cannabis, CIMA (Chicago Interactive Marketing Association), and Lackawanna College. Laurie's outstanding vision, execution skills, and results-driven approach make her a sought-after leader who can inspire and take any business to the next level.
Timothy L. Alger is a civil litigator, mediator, and owner of Alger Law APC and Alger ADR Services. Tim makes himself available nationwide to mediate and arbitrate disputes among businesses and individuals, and is a member of the American Arbitration Association’s esteemed Roster of Arbitrators. Tim’s expertise in the cannabis industry and 33 years in commercial litigation, and extensive training and experience in mediation and arbitration, make him a valuable resource for resolution of disagreements without the high cost of litigation in court.
Formerly the head of litigation, employment law and trademarks at Google and an equity partner at three major international law firms, Tim has represented leading internet, media, entertainment and advertising companies in regulatory disputes and litigation over trademarks, copyrights, unfair competition, contracts, free speech, defamation, and privacy. In addition to his own practices as a neutral and litigator, Tim serves as of counsel to the law firm of Harris Sliwoski LLP.
Tim has represented legal cannabis businesses in civil litigation and regulatory disputes with governmental entities. Recent representations in this industry include civil litigation over trademarks, contracts, relocation of a cannabis dispensary, excessive fines on cannabis cultivators, civil rights violations by law enforcement agencies, and ownership and management disputes in cannabis business partnerships and companies.
In other industries, Tim has represented a variety of companies and individuals in disputes over corporate acquisitions, business relationships, and financial issues. His work ranges from complex, multi-defendant class actions to disputes over subpoenas and public access to government proceedings and records. Tim’s business litigation work included post-trial and appellate representation of an international office supply company, in which Tim obtained the reversal for his client of a $32 million jury verdict for fraud and breach of an advertising contract. Tim’s work also included representation in the trial and appellate courts of a billboard company that successfully challenged the City of Los Angeles’ inconsistent regulation of outdoor signs.
Tim has been an outspoken advocate for First Amendment and other civil rights for nearly five decades, both as an attorney and journalist. He was lead counsel in two watershed Ninth Circuit cases interpreting Section 230 of the federal Communications Decency Act, which provides protection to internet companies that host content created by others. Tim also successfully represented clients in the Ninth Circuit in free speech cases of first impression involving the posting of controversial content on YouTube and on online roommate and dating services. As outside counsel and during his tenure as Deputy General Counsel at Google, Tim led Google's defense against lawsuits over copyrighted material posted online without owner consent, and the use of trademarks without owner consent in internet search advertising by competitors. Tim’s team obtained complete victories in two patent jury trials in the Eastern District of Texas. Tim and Google also took leading roles during Tim's tenure in controversies over news aggregation, online piracy, privacy rights, software patents, and open source licensing.
He recently obtained the reversal in the California Court of Appeal of a court order that held his client liable for debts incurred by a cannabis delivery company prior to the client’s acquisition of the company in a reverse triangular merger. Other victories include the dismissal of a federal lawsuit challenging a social network’s decision to remove material violating the network’s policies, which was affirmed by the Ninth Circuit, and the California Court of Appeal’s holding that electronic communications cannot be disclosed by a service provider without the user’s express consent.
Tim has offices in Santa Barbara, Los Angeles and San Francisco, but appears regularly in courts throughout California and has a national practice in the federal trial and appellate courts. He holds mediations and arbitrations in-person at any of his offices or via video conferencing, and will travel when requested.
Tim is a frequent speaker on cannabis law, online intermediary liability, publicity and privacy rights, and defamation. His pro bono work has included representation of a state prisoner beaten by guards, a blind college student excluded from classes because of her disability, college newspapers, a mother and daughter subjected to excessive commercial fines for a medical marijuana garden, and public school students and parents seeking special education services.
Before attending law school, Mr. Alger was an award-winning newspaper reporter and editor.