We will admit, we are not marijuana lawyers that deal with trademark and copyright. But, we feel we do have enough common sense to write about the subject.
For whatever reason, marijuana entrepreneurs sometimes tread a thin line when it comes to trademark and copyright infringement. Especially, local businesses. We are not sure if it’s because marijuana has been away from legal society for so long that some of these entrepreneurs feel they operate in a separate jurisdiction which plays by different rules or what, but some of us are acting a bit like outlaws.
But, if you want to continue living a happy stress free life and not worry about having to stand before a judge or settling out of court with a bag of money, then consider the following suggestions:
1) Don’t Have the Entire Name, of the Biggest Brand Known to Weed, As Your Business Name
You can use ‘High’ in your name (ie., Mile High Wellness) and you can use ‘Times’ (ie., Cannabis Times Magazine). But whatever you do, please don’t go naming your business High Times! Even if you add another word at the end! A Washington State marijuana retailer out of Ephrata, Wa, High Times Station, is currently being sued by the company, Trans-High Corp., who owns the famous pot magazine. And if you didn’t know High Times was a brand name, then you probably should’t be in the industry.
A word of warning to ‘High Times’ and ‘High Times Unlimited,’ who are still hoping for a Washington State recreational retail marijuana license – you may want to change your name.
2) Don’t Name Your Marijuana Edibles Business the Same Name as the Blockbuster Kids Movie, Created By One of the Biggest Kids Brands of All Time
Speaking of names, we suggest that you don’t name your marijuana edibles business the same name as the Walt Disney block buster film: The Incredibles. Yes YOU, Colorado based ‘Incredibles!’ Could you imagine how a child could react if they saw a chocolate bar in the house, branded with the name ‘Incredibles’? If you are looking for edible marijuana products like mango jelly bomb gummies, you can find and purchase them online.
We know – both businesses are in entirely separate industries, but do you really want to risk going up against a mammoth of a corporation when we all know how protective Walt Disney is of their property? Besides, Washington State has already led the way by trying to make marijuana ‘kid-proof’ and I’m sure Disney would love this argument.
3) Don’t Go Up Against the Seattle Seahawks, You Will Get CRUSHED. Just ask the Broncos.
All right, you won’t get crushed all the time, but you may want to consider saving up for a better defense that what the Seahawks have, just in case you have to battle it out in court. With that said, there is a conspiracy theory side of ourselves that wonders if the Hawks and the NFL turn a blind eye here. After all, it publicizes the league even more, which gives them something back in return.
But, just for argument’s sake, you may want to be careful when naming your weed, Beast Mode, after the star running back; using likenesses of the Seahawks trademark in t-shirt design; and painting the mascot of the team on the side of a bus smoking a joint. We like your intentions, just be careful.
4) Don’t Design Your Weed Edible Packaging After Candy Bar Packaging From the Largest Candy Bar Company Ever
We know it’s funny and kind of cute, but really? Do you really want to mess with the largest candy bar company ever? No, Thank you.
A marijuana edibles company based in Colorado had to find out the hard way when they were handed a lawsuit by Hershey’s back in June. And according to the weed edibles company, this was 6 months after they changed their packaging! You don’t want to go up against big mammoth corporations.
Disclaimer: Oh yeah, again, we are not lawyers. These are just suggestions and should be used for entertainment purposes only. But we feel we might be in the right ballpark, with some of these. That’s all.