Litigation Roundup: Cannabis IP Litigation Update

Chelsie Spencer Related seminars and products

Principal Cannabis & Hemp Attorney

Ritter Spencer PLLC

Chelsie Spencer is a cannabis and hemp attorney. She is a founding member of Ritter Spencer PLLC. Chelsie practices in the areas of medical marijuana and hemp and represents clients across those industries for their business law and compliance needs. Chelsie represents all facets of the cannabis and hemp industries, including dispensaries, growers, processors, manufacturers, retailers, and more. Forbes Magazine dubbed Chelsie the “rare friendly face in the midst of a cutthroat CBD hurricane, the person you want on speed dial when things turn sour” for her work in the cannabidiol (CBD) industry. In addition to navigating complex issues and transactions in these highly regulated industries, she frequently writes, speaks, and presents on issues affecting these industries at conferences and forums across the United States.

Chelsie’s practice also focuses on transactional issues in commercial law and in intellectual property. Chelsie has secured registration of numerous federal trademarks and copyrights for her clients and manages worldwide trademark portfolios, in addition to handling trademark and copyright licensing, consent, coexistence, and assignment agreements for a variety of industries.

Chelsie’s litigation experience includes enforcing and defending claims of copyright infringement, trademark infringement, patent infringement, false designation of origin, trade secret misappropriation, breach of contract, and tortious interference with contract, among others. She is licensed in both Texas and Florida and has represented clients in federal and state litigation throughout the nation, at both the trial and appellate level. She has tried numerous cases to verdict in both state and federal courts and has secured dismissal of multiple federal lawsuits.

James Gourley Related seminars and products

Partner

Carstens & Cahoon LLP

James R. Gourley practices primarily in the following areas:

Commercial Litigation, including Intellectual Property Litigation
Intellectual Property Prosecution
Entertainment Law
 

Mr. Gourley has prosecuted and obtained patents for clients in a wide range of technology fields, including:

Oil and gas production
Mobile electronics accessories
Computer software
Food chemistry
Product packaging
Medical devices
Pet care
Nuclear energy
Pumps and compressors
 

He has also applied for and obtained federally registered trademarks for clients in many different industries.  Mr. Gourley understands that intellectual property rights are among a company’s most valuable assets, and he has been successful in helping companies build strong intellectual property portfolios.  He has also negotiated a variety of intellectual property licensing, development, and employment agreements, and provided intellectual property due diligence advice with respect to corporate merger and acquisition transactions.

Mr. Gourley has represented individual artists and filmmakers as parties to copyright infringement lawsuits in federal court.  He has also represented start-up internet companies with a wide variety of copyright, trademark, and patent issues.  He has also helped clients enforce and defend patent, trademark, and other commercial rights in court, including recently serving as lead defense counsel in the first ever patent infringement lawsuit in the field of cannabis formulation.

Mr. Gourley earned his Doctor of Jurisprudence degree from Southern Methodist University in 2005.  Prior to law school, he graduated from the University of Oklahoma with a Bachelor of Science degree in Chemical Engineering.  His undergraduate education exposed him to a wide range of technical courses, including high level organic and physical chemistry, biochemistry, physics, mechanics, electronics, and computer science, which gives him the unique ability to help companies protect technology in many different fields.

Mr. Gourley is a registered patent attorney before the United States Patent and Trademark Office.  He currently serves on the Board of the Dallas Bar Association, Intellectual Property Section.  He is also a member of the State Bar of Texas, and he is admitted to practice before the United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas.

Rob Kimmer, Esq. Related seminars and products

Head of Trademarks, Copyright & Entertainment Law

Mei & Mark, LLP

Rob Kimmer is Head of Trademarks, focusing on the prosecution and litigation of worldwide trademark, copyright, brand, advertising, entertainment, and trade secret matters. He also focuses on the intersection of venture capital, early-stage/emerging companies, and intellectual property along with celebrity branding/endorsement matters and the Firm’s internationally-recognized cannabis practice.

Mr. Kimmer assists clients with worldwide naming/branding projects, trademark clearance reports, securing portfolios of trademark and domain registrations as well as enforcement of these valuable intellectual property assets. His specialty is developing business-centric and cost-effective IP strategies that meet each client’s specific needs. He has experience counseling clients with regard to sensitive copyright matters, such as certification testing materials and proprietary computer program code along with difficult-to-protect certification, sound, trade dress, and color registrations.

Having filed and won the first ever .XXX Domain Rapid Evaluation Service (RES) proceeding in the world, Mr. Kimmer is well-versed in domain name matters. He has successfully handled a variety of international disputes and Uniform Domain-Name Dispute Resolution Policy (UDRP) proceedings.  Mr. Kimmer’s world-renowned expertise in the cannabis, CBD, and psychedelic branding space is recognized by INCBA (The International Cannabis Bar Association) and peer industry groups.  He is currently counsel on a major CBD/cannabis trademark case before the U.S. Court of Appeals for the Federal Circuit – In Re Joy Tea – 22-1041.

Mr. Kimmer has counseled Fortune 100 and Fortune 500 companies, technology start-ups, venture capital firms, Oscar®-winning actors (serving as General Counsel of management teams), Grammy®-winning singers, accelerators, cannabis companies, and non-profit organizations in regard to trademarks, branding, naming projects, prosecution, trade dress, trade secrets, copyright, and IP enforcement. He has developed unique industry specialties in the CPG, toy/game, cosmetic, banking, beverage, alcohol, beer, restaurant, food, cannabis, and celebrity branding spaces. Mr. Kimmer understands the true value of branding/trademarks and can ensure that these valuable corporate assets are fully cared-for and protected.

Prior to joining Mei & Mark, LLP, Mr. Kimmer was an attorney at the Washington, D.C. offices of Michael Best and Rader Fishman & Grauer, as well as serving as practice group chair of an IP boutique. He has also worked as in-house counsel for Maple Life Financial®/MLF® Financial Group, a financial and insurance company that is a joint venture with Morgan Stanley®, Reservoir Capital®, and Cantor Fitzgerald®.

Education

• J.D., The George Washington University Law School
• B.A., Emory University

Bar Admissions

• District of Columbia
• Maryland
• U.S. Supreme Court
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Federal Claims

Cases

In Re Joy Tea – 22-1041 (CAFC)

In Re Joy Tea (TTAB)

Ford Motor Company vs. Mustangs Unlimited Inc. (6^th Cir)

Patron Spirits International AG v. Mountain Melodies, LLC (TTAB)

Successful settlement against Marvel®

Successful settlement against Apple®

Successful Settlement against PSI®

Professional Recognition

• Who’s Who in America 
• Who’s Who in American Law 
• Speaker for INCBA (The International Cannabis Bar Association)

Community Involvement

• Member of INCBA (The International Cannabis Bar Association)
• Member of the Wyngate Citizens Association in Bethesda, MD
• Active member of the GW Law Alumni community and Center for Professional Development & Career Strategy
• Active Member of the Emory Alumni Association’s DC Chapter

Outside Interests

• Juggling – Performed in Super Bowl® XXXIV, for the Atlanta Braves®, the Atlanta Hawks®, The Smirnoff® Vodka Corporation, GSK®, for President George H.W. Bush, and for Muhammad Ali.

TV game show veteran – having appeared on Win Ben Stein’s Money® and NBC®’s Million Second Quiz® (hosted by Ryan Seacrest), and The Game Show Network®

Larry Sandell Related seminars and products

Patent Attorney

Mei & Mark, LLP

Larry Sandell, a registered patent attorney with Mei & Mark LLP and the head of the firm’s cannabis practice, focuses his practice on counseling clients on strategic intellectual property matters; drafting and prosecuting patent applications; litigating patent infringement and other matters in federal district courts and the International Trade Commission; arguing federal appeals; and handling patent-related Amazon.com take-down disputes.  Mr. Sandell has a passion for advising start-ups and other innovative companies on Intellectual Property matters – and focuses on cannabis, consumer electronics, medical device, food science, and software technology areas.  He has argued in the U.S. Courts of Appeal for the Federal Circuit, the Ninth Circuit, and D.C. Circuit.