Los Angeles, CA asked in Trademark for California

Q: Business name trademarked in the cannabis space, now a scam website has appeared using our name in the hemp CBD space.

My employer has trademarked her business name federally and in California in the recreational cannabis industry. Recently a "free CBD" scam website has appeared using our name. Some of their victims are finding our FB page and leaving angry comments and reviews. I understand that the trademark only protects the name in the recreational cannabis space and not for businesses in other industries including the hemp CBD industry. Is there nothing we can do? Edit: the federal trademark is for cannabis information.

Related Topics:
1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: I find it surprising that you say you have a federal trademark for cannabis.

It is very unlikely that happened as cannabis is illegal in the federal level.

That leaves you with less protection and arguments to go after this infringer.

If he is using social media you can take him down.

You should have a consultation to understand better your options.

Marcos

www.legalbizglobal.com

480 324 6378

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.