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On Demand

Litigation Roundup: Cannabis IP Litigation Update


Average Rating:
   16
Categories:
Cannabis |  Copyrights and Trademarks |  Federal Law |  Intellectual Property |  IP law |  Licensing |  Licensing and Permitting |  Litigation |  Patents & Trade Secrets |  Regulation law
Faculty:
Chelsie Spencer |  James Gourley |  Rob Kimmer, Esq. |  Larry Sandell
Duration:
1 Hour 09 Minutes
Format:
Audio and Video
SKU:
incba11102021litod
License:
Access for 6 month(s) after purchase.


Description

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.

Credits


General

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 generally eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. 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.

The on-demand version of this webinar is eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees.

(Default credit disclaimer updated 02.08.2024)


For current accreditation status, please select your jurisdiction below.



Handouts

Faculty

Chelsie Spencer's Profile

Chelsie Spencer Related Seminars and Products

Managing Attorney

Ritter Spencer Cheng PLLC


Forbes Magazine dubbed Chelsie Spencer 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. As head of the cannabis practice at Ritter Spencer Cheng PLLC, Chelsie represents clients in every facet of the cannabis and hemp industries, including dispensaries, growers, processors, manufacturers, retailers, and more for their business needs. Her transactional practice focuses on licensing, regulatory compliance, and other business matters. She frequently writes, speaks, and presents on issues affecting the cannabis industry at conferences and forums across the United States.

In addition to her representation of cannabis clients, Chelsie is an experienced trademark attorney. She has successfully secured registration of numerous federal trademarks for her clients and manages worldwide trademark portfolios. Her trademark practice also encompasses transactional issues such as trademark licensing, consent and coexistence agreements, and assignments. Chelsie is nationally recognized for her trademark work with cannabis clients across the United States.

Chelsie has been recognized as a Super Lawyer in the Cannabis practice area by Thomson Reuters and has been awarded the Client Champion distinction by Martindale-Hubbell. She is President of the Texas Hemp Legal Fund, serves as Chair of the International Cannabis Bar Association’s Amicus Committee, and serves as Vice President on the Board of Directors for the Texas Cannabis Council. She has helped draft cannabis legislation at both the federal and state levels and routinely advises state legislatures in regard to crafting effective cannabis policies.


James Gourley's Profile

James Gourley Related Seminars and Products

Partner

Carstens & Cahoon LLP


James R. Gourley practices primarily in the following areas:

Commercial Litigation, including Intellectual Property Litigation
Intellectual Property Prosecution
Entertainment Law
 

Mr. Gourley has prosecuted and obtained patents for clients in a wide range of technology fields, including:

Oil and gas production
Mobile electronics accessories
Computer software
Food chemistry
Product packaging
Medical devices
Pet care
Nuclear energy
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, Esq.'s Profile

Rob Kimmer, Esq. Related Seminars and Products

Head of Trademarks, Copyright & Entertainment Law

Mei & Mark, LLP


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 and the Firm’s internationally-recognized cannabis practice.

 

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 (UDRP) proceedings.  Mr. Kimmer’s world-renowned expertise in the cannabis, CBD, and psychedelic branding space is recognized by INCBA (The International Cannabis Bar Association) and peer industry groups.  He is currently counsel on a major CBD/cannabis trademark case before the U.S. Court of Appeals for the Federal Circuit – In Re Joy Tea – 22-1041.

 

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, cannabis companies, 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 that is a joint venture with Morgan Stanley®, Reservoir Capital®, and Cantor Fitzgerald®.

 

Education

  • J.D., The George Washington University Law School
  • B.A., Emory University

Bar Admissions

  • District of Columbia
  • Maryland
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims

Cases

In Re Joy Tea – 22-1041 (CAFC)

In Re Joy Tea (TTAB)

Ford Motor Company vs. Mustangs Unlimited Inc. (6th Cir)

Patron Spirits International AG v. Mountain Melodies, LLC (TTAB)

Successful settlement against Marvel®

Successful settlement against Apple®

Successful Settlement against PSI®

Professional Recognition

  • Who’s Who in America 
  • Who’s Who in American Law 
  • Speaker for INCBA (The International Cannabis Bar Association)

Community Involvement

  • Member of INCBA (The International Cannabis Bar Association)
  • Member of the Wyngate Citizens Association in Bethesda, MD
  • Active member of the GW Law Alumni community and Center for Professional Development & Career Strategy
  • Active Member of the Emory Alumni Association’s DC Chapter

Outside Interests

  • Juggling – Performed in Super Bowl® XXXIV, for the Atlanta Braves®, the Atlanta Hawks®, The Smirnoff® Vodka Corporation, GSK®, for President George H.W. Bush, and for Muhammad Ali.

TV game show veteran – having appeared on Win Ben Stein’s Money® and NBC®’s Million Second Quiz® (hosted by Ryan Seacrest), and The Game Show Network®


Larry Sandell's Profile

Larry Sandell Related Seminars and Products

Patent Attorney

Mei & Mark, LLP


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.


Reviews

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Overall:      4.7

Total Reviews: 16