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ARTICLE · 14 JANUARY 2019

Weeding Out Trademark Infringers

For years the marijuana industry was an underground business, posing little threat to trademarks. But the recent ‘green explosion' means that trademark owners must enforce their rights

United StatesIntellectual Property

For years the marijuana industry was an underground business, posing little threat to trademarks. But the recent 'green explosion' means that trademark owners must enforce their rights or risk their reputations.

The marijuana industry has exploded in the United States over recent years. Once relegated to back alleys and shady venues, nine states – Washington, Oregon, Nevada, California, Colorado, Maine, Vermont Massachusetts and Alaska – have now legalised recreational amounts of marijuana without the need for a prescription. A further 21 states allow for the medical use of marijuana with a prescription. Meanwhile, in some states, the reasons for prescribing medical marijuana to patients are so broad as to render many states' medical requirements illusory.

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