Knobbe Martens partner Jonathan Menkes was quoted by Law360 in the article “The Biggest Trademark Rulings Of 2022: A Midyear Report”, which reviews the most notable trademark decisions so far this year.
Speaking on AK Futures v. Boyd Street Distro, a case where the Ninth Circuit held in a published opinion that the 2018 federal Farm Bill that legalized hemp nationwide also legalized some products containing Delta-8 THC, a psychoactive chemical compound derived from hemp, Menkes says, “The precedential value of the Ninth Circuit’s decision is somewhat limited due to the fact that the court affirmed the preliminary injunction, without deciding on the “ultimate lawfulness” of selling Delta-8 substances in interstate commerce.” Still, Menkes noted that trademark practitioners may cite the ruling in both enforcement proceedings in district courts and at the U.S. Patent and Trademark Office to show the lawfulness of their clients’ hemp-derived trademarks.
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