Delta-8 THC Trademarks Future Hazy After Ninth Circuit Ruling (1)

A recent Ninth Circuit decision affirming that delta-8 THC found in e-cigarettes and vape products is legal—and therefore eligible for trademark protection—could open a new frontier for cannabis sellers hoping to protect their brands, though any sea change in trademark application grants could remain a long way off.

The appeals court specifically upheld an earlier ruling that a Los Angeles smoke shop couldn’t dismiss a copyright and trademark lawsuit against it by arguing that the underlying products—“Cake” branded e-cigarettes and cartridges—were illegal.

The court cited the 2018 Farm Bill, which categorized as legal “hemp” any cannabis-derived products containing less ...