Dave Kluft is a partner in Foley Hoag LLP’s Intellectual Property department. He is a member of the firm’s Trademark, Copyright and Unfair Competition Group and co-chair of its Advertising and Marketing Law group.
With each passing year, the legalized cannabis industry grows as the stigma associated with it decreases. Ten states currently permit recreational marijuana, over 20 more permit medicinal use, and annual nationwide spending on legal cannabis is projected to reach nearly $50 billion in the next decade.
If you have ever been tasked with considering what types of intellectual property protection were available for a new packaging design, copyright may not be the first thing that came to mind. After all, it is trademark law that is designed to protect the public’s association with a commercial name or logo.