If US Court Says Delta-8 Product Is Lawful And Trademark Valid, Will Federal Agencies Listen?

Recent 9th Circuit ruling upheld granting a firm preliminary injunction stopping competitor from using its trademarked brand for delta-8 THC products. Ruling generally runs counter to USPTO policy against accepting trademark registrations for hemp or cannabis products and specifically counters FDA stance delta-8 doesn’t meet definition of hemp under 2018 farm bill.

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A recent federal appellate court ruling contradicts a federal agency’s policy against registering hemp and cannabis product trademarks and refutes another agency’s argument for limiting the variety of hemp ingredients it will allow for use in dietary supplements.

A three-judge panel in the 9th Circuit Court of Appeals in May upheld a California federal district court ruling granting...

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