Influencer advertising without labeling?

Authors: Margret Knitter, LL.M. and Dr. Carolin Louisa Schmidt It’s a familiar image on Instagram: Influencers show themselves perfectly styled in their pictures and let their followers know via so-called tap tags which brands and products they wear and use. By tapping on the photo, the brand is displayed and the user can click on the […]

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The International Cannabis Business Conference is Europe’s largest B2B trade event

The International Cannabis Business Conference is Europe’s largest B2B trade event in Berlin, attended by executives, entrepreneurs and policymakers from over 80 nations. It is offering a world-class industry networking and investment/capital opportunity. The Cannabis Industry in Germany: An Intellectual Property Perspective Margret will provide an overview of the Intellectual Property Perspective that cannabis operators […]

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What will be the biggest challenge clients face? What have advisors done in different jurisdictions to protect clients?

I would like to differentiate between the medicinal cannabis side and CBD because that’s a totally different story here in Germany. So, as I said, only medicinal cannabis is legal at the moment. The German federal states don’t have permission to handle it as they want; it’s different from the United States. If you’re caught […]

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What’s the biggest challenge advisors face when trying to understand risk in this space?

One of the challenges that we already talked about is that we don’t have case law we can rely on. Advertising is a big issue. But I also think that the licencing process is very restricted in Germany. You need an official licence for everythingdown the line. Regarding the market, medicinal cannabis is worth 190 […]

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What advice would you give your clients about brand protection in your jurisdiction? Is it easy to trademark a cannabis brand?

I’ve been handling cannabis trademarks since 2017, when medicinal cannabis was legalised in Germany. In the beginning those marks were only accepted for Nice Class 5, meaning only cannabis for medicinal use was permitted. But that has changed. Both the European and the German IP office now accept cannabis marks for all sorts of cannabis […]

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State-Specific Hemp & Marijuana Product Labelling Requirements

Recently, on the Hoban Law Group blog, we covered five tips for product labeling. As mentioned, complying with various state-specific labeling requirements is essential for ensuring products follow all applicable labeling regulations governing the category of product being sold or distributed. As we discussed, many states have established regulations that expressly govern how business should label […]

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No Bavarian Weed in EUIPO’s Joint

In a recent decision (judgment of 12.5.2021, ref. T-178/20), the General Court upheld the European Union Intellectual Property Office’s (EUIPO) rejection of the EU trademark application “Bavaria Weed” for being contrary to public policy (in contrast, the DPMA registered the mark). The trademark applicant, a producer of medical cannabis, had argued in the proceedings that […]

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IP Alert – No more trademark ‘monopolies’ through re-filing?

The General Court has ruled that, in specific circumstances, repeat filings of an earlier trade mark may constitute bad faith First movesHasbro, who at the time already owned three MONOPOLY EUTMs, filed in April 2010 another MONOPOLY EUTMA for goods and services in classes 9, 16, 28 and 41. This trademark covered partially new goods […]

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Chanel loses trademark dispute against EUIPO over Huawei trademark

The Court of Justice of the European Union, General Court, recently lowered Chanel’s hopes of having a trademark belonging to Huawei Technologies Co., Ltd. invalidated. The court found that the trademarks (see below) are not similar, therefore there is no likelihood of confusion and that trademarks must be assessed as registered, regardless of their rotation […]

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BGH overturns established case law on proof of use in favor of plaintiff trademark owners

The interpretation and standardization of national law on the basis of European law requirements always brings uncertainties – and this is also the case in trademark law. For owners of German trademarks, however, thanks to the decision of the Federal Court of Justice of January 14, 2021 (Case No. I ZR 40/20) and the recently […]

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Competition in the monastery? Federal Patent Court picks Trademark Office’s decision apart

Authors: Martin Matzner, LL.M. (University of Turin)“Incomplete, contradictory, incomprehensible”: In a recent decision, the Federal Patent Court (BPatG) took the German Patent and Trademark Office (DPMA) to task with rather unflattering wordings. The reason for this was the trademark application “Kloster Scheyern”, which the DPMA had initially rejected. This particularly drastic case shows that some […]

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Rodríguez Rueda, S.C. Add New Practice Area Corporate Law to their IR Global Membership

Rodríguez Rueda, S.C., our exclusive Competition Law & Cannabis Advisory Member in Mexico, are pleased to announce the addition of Corporate Law to their IR Global membership. This new position adds further strength to their membership and offers support for fellow members in the area. If you have a requirement in this area, please get in touch […]

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