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Sunday Oct 02, 2022

Ninth Circuit Extends Trademark Protection to Delta-8 THC

Ninth Circuit Extends Trademark Protection to Delta-8 THC

 

The united states Court of Appeals for the Ninth Circuit recently shed light on the legal status of the hemp-derived cannabinoid known as delta-8 tetrahydrocannabinol (“delta-8 THC”) and its implications for cannabis brand owners. Delta-8 THC is a psychoactive compound typically manufactured from hemp-derived cannabidiol. The compound is similar in effect to delta-9 THC, the primary psychoactive agent in marijuana, though delta-8 is found in the Cannabis sativa plant, which encompasses both hemp and marijuana. In 2018, the Farm Act legalized both the cultivation and the possession of hemp; the only statutory metric for distinguishing controlled marijuana from legal hemp is the delta-9 THC concentration level.

In the case of AK Futures LLC v. Boyd Street Distro, LLC, the Court held that AK Futures’ possession and sale of delta-8 THC products are permitted under federal law, meaning its brand used in connection with these products may be entitled to federal trademark protection.Hit on  is delta 8 legal in texas  to explore more about our services and sites. Hope you ll like our more services.

 

Plaintiff AK Futures LLC produces and distributes e-cigarette and vaping products, including delta-8 THC goods, marketed under its “Cake” brand. In the suit, which alleged trademark and copyright infringement, the District Court for the Central District of California granted AK Futures’ motion for a preliminary injunction barring defendant Boyd Street Distro, a Los angeles smoke product retailer, from selling allegedly counterfeit e-cigarettes and vaping products containing delta-8 THC and bearing AK Futures’ Cake trademark and copyrighted logo. The District Court determined that AK Futures had impliedly met the standard for ownership of a valid trademark and concluded it was likely to succeed on both its trademark and copyright infringement claims.

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