An overview of recent cases and trends in cannabis intellectual property litigation, including patent, trademark, and trade secret, and a discussion on best practices for litigation cannabis IP matters.
This program is eligible for 1 hours of General CLE credit in 60-minute states, and 1.2 hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
INCBA webinars are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.
INCBA on demand programs are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted.
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Chelsie Spencer is a cannabis and hemp attorney. She is a founding member of Ritter Spencer PLLC. Chelsie practices in the areas of medical marijuana and hemp and represents clients across those industries for their business law and compliance needs. Chelsie represents all facets of the cannabis and hemp industries, including dispensaries, growers, processors, manufacturers, retailers, and more. Forbes Magazine dubbed Chelsie the “rare friendly face in the midst of a cutthroat CBD hurricane, the person you want on speed dial when things turn sour” for her work in the cannabidiol (CBD) industry. In addition to navigating complex issues and transactions in these highly regulated industries, she frequently writes, speaks, and presents on issues affecting these industries at conferences and forums across the United States.
Chelsie’s practice also focuses on transactional issues in commercial law and in intellectual property. Chelsie has secured registration of numerous federal trademarks and copyrights for her clients and manages worldwide trademark portfolios, in addition to handling trademark and copyright licensing, consent, coexistence, and assignment agreements for a variety of industries.
Chelsie’s litigation experience includes enforcing and defending claims of copyright infringement, trademark infringement, patent infringement, false designation of origin, trade secret misappropriation, breach of contract, and tortious interference with contract, among others. She is licensed in both Texas and Florida and has represented clients in federal and state litigation throughout the nation, at both the trial and appellate level. She has tried numerous cases to verdict in both state and federal courts and has secured dismissal of multiple federal lawsuits.
James R. Gourley practices primarily in the following areas:
Commercial Litigation, including Intellectual Property Litigation
Intellectual Property Prosecution
Mr. Gourley has prosecuted and obtained patents for clients in a wide range of technology fields, including:
Oil and gas production
Mobile electronics accessories
Pumps and compressors
He has also applied for and obtained federally registered trademarks for clients in many different industries. Mr. Gourley understands that intellectual property rights are among a company’s most valuable assets, and he has been successful in helping companies build strong intellectual property portfolios. He has also negotiated a variety of intellectual property licensing, development, and employment agreements, and provided intellectual property due diligence advice with respect to corporate merger and acquisition transactions.
Mr. Gourley has represented individual artists and filmmakers as parties to copyright infringement lawsuits in federal court. He has also represented start-up internet companies with a wide variety of copyright, trademark, and patent issues. He has also helped clients enforce and defend patent, trademark, and other commercial rights in court, including recently serving as lead defense counsel in the first ever patent infringement lawsuit in the field of cannabis formulation.
Mr. Gourley earned his Doctor of Jurisprudence degree from Southern Methodist University in 2005. Prior to law school, he graduated from the University of Oklahoma with a Bachelor of Science degree in Chemical Engineering. His undergraduate education exposed him to a wide range of technical courses, including high level organic and physical chemistry, biochemistry, physics, mechanics, electronics, and computer science, which gives him the unique ability to help companies protect technology in many different fields.
Mr. Gourley is a registered patent attorney before the United States Patent and Trademark Office. He currently serves on the Board of the Dallas Bar Association, Intellectual Property Section. He is also a member of the State Bar of Texas, and he is admitted to practice before the United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas.
Rob Kimmer is Head of Trademarks, focusing on the prosecution and litigation of worldwide
trademark, copyright, brand, advertising, entertainment, and trade secret matters. He also
focuses on the intersection of venture capital, early-stage/emerging companies, and
intellectual property along with celebrity branding/endorsement matters.
Mr. Kimmer assists clients with worldwide naming/branding projects, trademark clearance
reports, securing portfolios of trademark and domain registrations as well as enforcement of
these valuable intellectual property assets. His specialty is developing business-centric and
cost-effective IP strategies that meet each client’s specific needs. He has experience
counseling clients with regard to sensitive copyright matters, such as certification testing
materials and proprietary computer program code along with difficult-to-protect certification,
sound, trade dress, and color registrations.
Having filed and won the first ever .XXX Domain Rapid Evaluation Service (RES)
proceeding in the world, Mr. Kimmer is well-versed in domain name matters. He has
successfully handled a variety of international disputes and Uniform Domain-Name Dispute
Resolution Policy (UDPR) proceedings. Mr. Kimmer also specializes in Cannabis
trademarks, cannabis trademark strategies, and is currently involved with the In re Joy Tea
CAFC groundbreaking litigation in the cannabis trademark space.
Mr. Kimmer has counseled Fortune 100 and Fortune 500 companies, technology start-ups,
venture capital firms, Oscar®-winning actors (serving as General Counsel of management
teams), Grammy®-winning singers, accelerators, and non-profit organizations in regard to
trademarks, branding, naming projects, prosecution, trade dress, trade secrets, copyright,
and IP enforcement. He has developed unique industry specialties in the CPG, toy/game,
cosmetic, banking, beverage, alcohol, beer, restaurant, food, cannabis, and celebrity
branding spaces. Mr. Kimmer understands the true value of branding/trademarks and can
ensure that these valuable corporate assets are fully cared-for and protected.
Prior to joining Mei & Mark, LLP, Mr. Kimmer was an attorney at the Washington, D.C.
offices of Michael Best and Rader Fishman & Grauer, as well as serving as practice group
chair of an IP boutique. He has also worked as in-house counsel for Maple Life
Financial/MLF Financial Group, a financial and insurance company.
Larry Sandell, a registered patent attorney with Mei & Mark LLP and the head of the firm’s cannabis practice, focuses his practice on counseling clients on strategic intellectual property matters; drafting and prosecuting patent applications; litigating patent infringement and other matters in federal district courts and the International Trade Commission; arguing federal appeals; and handling patent-related Amazon.com take-down disputes. Mr. Sandell has a passion for advising start-ups and other innovative companies on Intellectual Property matters – and focuses on cannabis, consumer electronics, medical device, food science, and software technology areas. He has argued in the U.S. Courts of Appeal for the Federal Circuit, the Ninth Circuit, and D.C. Circuit.
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