On this episode of @darshantalks, we had discussed Evolving Trademarking with guest Christiane Campbell. Christiane Campbell, Cannabis and Luxury Branding Attorney, Partner at Duane Morris LLP (https://www.duanemorris.com/), had spoken about the recent boom in cannabis litigation, catalysed by the New Jersey effect.

The legalisation of cannabis in New Jersey significantly impacted the tri-State area and the Midwest parts of the US. The pharma bills recently passed include the legalisation of cannabis for recreational use as well, which is evidence of FDA approval. Doctors have started prescribing doses of cannabis to their patients for medical use, but if they get the specifications wrong, it can lead to a consumer issue.

Disputes related to false advertising are coming up, where companies are falsely claiming that their product is of higher quality and concentration. In case of trademark disputes, the client usually wants to know if the label is appropriate to avoid litigation or being sued by the USPTO and is the least bothered about whether the percentages of constituents of cannabis are correct.

Trademark lawyers need to look at the issues with respect to the use and registration of the client's brand. More than looking at a trademark specifically, it is crucial to look at what brand it is about and whether the celebrity fits the associated messaging. Sometimes, if a star says something in an advertisement that was thoroughly vetted but still not sufficient, the FDA states that it is a false advertisement, and thus it should be replaced with a corrective ad.

Usually, these kinds of circumstances are accounted for in the contract negotiated by the brand against the talent.

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