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If US Court Says Delta-8 Product Is Lawful And Trademark Valid, Will Federal Agencies Listen?

Executive Summary

Recent 9th Circuit ruling upheld granting a firm preliminary injunction stopping competitor from using its trademarked brand for delta-8 THC products. Ruling generally runs counter to USPTO policy against accepting trademark registrations for hemp or cannabis products and specifically counters FDA stance delta-8 doesn’t meet definition of hemp under 2018 farm bill.

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