Washington Court of Appeals’ definition of trademark rights in Washington

A short while ago, the Washington Court of Appeals waded into the murky waters of defining trademark use when an out-of-point out marijuana business enterprise licenses a trademark for the sale of hashish products and solutions in Washington. In Headspace Worldwide LLC v. Podworks Corp, the Washington Court docket of Appeals viewed as two elementary trademark concepts: (one) to create trademark legal rights, the mark owner must lawfully use the mark in commerce in the pertinent jurisdiction and (two) to enforce its trademark rights, a licensor will have to work out adequate manage around the merchandise and companies bought less than the mark by the licensee. Going for walks a fine line involving these two principles, the Court docket finally held that licensing a trademark to a Washington cannabis business is adequate to build “lawful use in commerce” in Washington for the objective of developing trademark rights. But these kinds of use is not ample to constitute performing cannabis small business in Washington.

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