Steven D. Lustig serves as counsel for Panitch Schwarze Belisario & Nadel LLP, a boutique intellectual property law firm with offices in Philadelphia and Wilmington, Delaware. He focuses his practice on United States and international trademark matters, intellectual property transactions, and related due diligence. Steve advises clients on all aspects of copyright protection and unfair competition, as it relates to trademark law and brand protection. With more than 20 years of experience, is named among the leading trademark attorneys in the 2021 edition of the World Trademark Review’s WTR 1000.
Despite efforts to legalize marijuana, cannabis remains unlawful under U.S. federal law. This means that it is not possible to obtain federal trademark registrations for marks used in connection with cannabis goods or services. Federal registrations for Cannabidiol (CBD) products or services are similarly very difficult to obtain. The law on this topic is developing quickly. For those in this commercial space, it often feels as if the legal sands are shifting beneath their feet. Best practices for their brand protection can be difficult to navigate. The purpose of this article is to provide a brief overview of where the federal law currently stands and where it may be headed.