Delta-8 THC Offers A Path To Trademark Protection

A recent federal appeals court decision has shed light on the legal status of delta-8 tetrahydrocannabinol ("delta-8 THC") and its implications for cannabis brand owners. The United States Court of Appeals for the Ninth Circuit held that delta-8 THC falls squarely within the definition of "hemp" under the 2018 Farm Act, and is therefore lawful, despite its psychoactive properties. Cannabis brands have long struggled to obtain adequate federal trademark protection because the Lanham Act only extends trademark protection to goods that are lawfully in U.S. commerce. The Court's decision potentially clears a new path for cannabis brand owners to obtain federal trademark protection.

In AK Futures LLC V. Boyd Street Distro, LLC, the Ninth Circuit affirmed the grant of a preliminary injunction against a defendant accused of selling counterfeit e-cigarette and vaping products containing delta-8 THC. AK Futures LLC, a manufacturer of e-cigarette and vaping products,