During one of my recent sessions perusing current news related to cannabis legal issues, I came across a press release that I think warrants a bit of discussion. I’m always wary of self-promoting press releases, but they can provide some good entertainment and, in this case, blog fodder. The particular press release that will provide us with the lessons to be learned from this post is titled “Any such use of the CBD Nation name in the marketplace is unauthorized and is considered Trademark Infringement.” You can read the full release here if you have some time to kill.
The gist of this press release is that the releaser, a San Diego-based company called GoGoPay LLC, owns a registered trademark for CBD NATION (more on that later), claims that any use of the mark “in the marketplace” constitutes trademark infringement (more on that later, too), is putting others on blast for using the mark in a way they allege infringes their rights, and is announcing that both the domain name AND the registered trademark are up for sale. There are a lot of trademark lessons to be learned here, and I’ll try to break them down.
First, what does