News & Events

News & Events

7.22.2016

The Polyjuice Potion Is the Worst Prescription When Branding Marijuana Businesses: Lessons Learned From In re Morgan Brown

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Tiffany Scott Connors and David Spellman co-authored an article titled “The Polyjuice Potion Is the Worst Prescription When Branding Marijuana Businesses:  Lessons Learned From In re Morgan Brown.”  In the article, they discuss the Herbal Access decision, lessons learned and the steps your business can take to avoid the same outcome.

The recent Trademark Trial and Appeal Board (TTAB) decision, In re Morgan Brown, (Herbal Access) denied registration for the Herbal Access mark for a retail store legally selling marijuana products in Washington state. The decision reveals the widespread need for the marijuana industry to transition from the bootleg mindset to a mainstream mindset.