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When States of Mind Collide: USPTO Rejects MARIJUANAVILLE as Confusingly Similar to MARGARITAVILLE

Josh Cohen, Wendel Rosen

On March 16, 2017, the USPTO refused to allow a trademark registration for MARIJUANAVILLE for a company that manufactures and sells clothing. The owner of the mark "Margaritaville" had opposed the application, and the USPTO concluded the commercial impression of the marks is highly similar--"a chemically induced mental paradise." Josh Cohen of Wendel Rosen gives us the details.

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Welcome to CEB's marijuana law hub, specially designed to inform attorneys about crucial legal issues arising from state marijuana legalization and its conflicts with federal law.

  • We track developments in over 15 topics nationwide, so you can minimize the risks arising from various ethics rules, inconsistent federal enforcement policies, and non-uniform civil and criminal statutes and court actions that collide with each other.
  • We bring you analysis and practice tips as the issues evolve in this practice area, drawn from activity in five states as well as California's medical marijuana statute
  • We take no position on the legalization of marijuana and do not render legal advice--review our Disclaimer. Explore topics and legislation by going to left menu or clicking on at top.

CEB Programs

Representing Marijuana Businesses after Prop 64

These programs provide an overview of the differences between AUMA and MCRSA, as well as updates on ethics, regulatory issues, local ordinances, and federal criminal prosecution. 4 hours MCLE credit available.

These programs were held on March 30, 2017, and soon will be available as On Demand MCLE programs from CEB; call 1-800-232-3444 or go to CEB.com.

Most marijuana businesses are currently denied access to banking services, largely because financial institutions, fearful of potential money laundering, criminal charges, or losing their FDIC coverage, refuse to offer them. Robert Elam explores this problem and the efforts that have been made to address it, in the latest issue of CEB's California Business Law Reporter.

Latest News

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When States of Mind Collide: USPTO Rejects MARIJUANAVILLE as Confusingly Similar to MARGARITAVILLE

By Josh Cohen, Wendel Rosen

On March 16, 2017, the USPTO refused to allow a trademark registration for MARIJUANAVILLE for a company that manufactures and sells clothing. The owner of the mark “Margaritaville” had opposed the application, and the USPTO concluded the commercial impression of the marks is highly similar––“a chemically induced mental paradise.” Josh Cohen of Wendel Rosen gives us the details.

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Members Of Congress Seek To Help Cannabis Businesses With Tax Reforms

By Debra Borchardt

The Small Business Tax Equity Act of 2017 was introduced both in the House and in the Senate today. The bill would allow cannabis businesses operating legally under state law to take normal business deductions like other legal businesses. Currently, IRC 280E prohibits cannabis businesses from deducting expenses related to sales.

Legislation

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Legislative Tracking

CEB provides you with 2 interactive maps of the U.S., which show states that have legalized marijuana for either recreational use or medical use. Additionally, you can find comprehensive information for marijuana bills and ballot initiatives in CEB's legislative tracking database.

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