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.