Ethics: Balancing Activism and Zealous Advocacy with the Boundaries of the Profession and Evolving Law


Using a recent decision from the USPTO’s Trademark Trial and Appeal Board, In re National Concessions Group, Inc., 2023 USPQ2d 527 (TTAB 2023) and the underlying trademark application as a case study, the panel will address challenges related to activism-oriented and zealous advocacy faced by cannabis industry attorneys. The discussion will touch on the unlicensed practice of law with a particular focus on serving businesses considering, or engaging in, cross-border expansion, taking contradictory legal positions in different matters for different clients, the duty of candor to administrative bodies, and making arguments before administrative bodies or courts that are in the best interest of the client, but against the interest of the industry overall and other clients.