Wesner Quoted in World Trademark Review Blog Post on In re Morgan Brown Ruling
Greg Wesner was quoted in a World Trademark Review blog post titled “Cannabis Trademark Ruling ‘Against the Public Interest’; Threatens Big Brand Licensing on Legal Products.” The article discusses the U.S. Trademark Trial and Appeal Board’s recent ruling in In re Morgan Brown that refused a trademark due to its association with cannabis products. Wesner discusses the decision and its implications, including how it could directly affect big brands.
It isn’t just the inability to use trademarks to demonstrate a positive consumer standing that is potentially affected by the decision. Wesner argues that it also has huge implications for major brands that may have been considering licensing out their marks for use on cannabis-containing product lines. “Here’s a frightening possibility,” he states. “If Mars Inc., for example, decided to license the Snickers mark to a legal cannabis producer in a legal cannabis state, to be applied on candy bars containing cannabis only in that state, the teaching of Morgan Brown is that Mars Inc. could lose all of its U.S. registration rights for the Snickers mark for non-cannabis containing candy. If any major brand holders were considering licensing their marks for use on state-legal cannabis, Morgan Brown probably stopped any such thinking.”