Ritter Spencer PLLC – Blog

The SAFE Banking Act of 2019 passes the House Financial Services Committee

What is one of the biggest problems facing cannabis businesses today? What to do with the money. Currently, most banks are reluctant to service cannabis businesses as such activity could threaten the bank’s charter since marijuana remains a Schedule I substance federally. Cannabis businesses cannot generally use credit cards or electronic funds transfers. Cash, which…

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Attorney Chelsie Spencer Published in The Tipsheet

Chelsie Spencer’s article regarding the United States Patent and Trademark Office’s treatment of cannabidiol and hemp-derivative goods trademark applications has been published today in The Tipsheet. To view a copy of the article, continue reading below or click here: Cannabidiol: The Disjointed Stance at the USPTO Continues.   As clocks across the United States struck…

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Is CBD Legal? Part I: Federal Law

What is CBD? Cannibidiol (CBD) is a natural phytocannibinoid found in the Cannabis sativa plant. Unlike tetrahydrocannabinol (THC), CBD will not cause a user to experience hallucinogenic or other psychoactive effects. CBD has been hailed as a miracle compound, with many clinical studies finding that its analgesic, chemopreventitive, and anti-inflammatory properties may be used in…

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Texas Supreme Court Declines to Decide Whether ANTI-SLAPP Motion Applies in Pre-Suit Depositions in Texas

The Texas Supreme Court punted on deciding an important issue for litigants facing online defamation and disparagement in Glassdoor, Inc. v. Andra Group, LP, No. 17-0463 (Tex. January 25, 2019).   The Texas Citizens Participation Act (“TCPA”), often referred to as the Texas Anti-SLAPP law, protects the first amendment freedoms of individuals and businesses.  It…

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Chelsie Spencer featured on “Cannabis and Credit Unions: The Opportunities and Risks”

Ritter Spencer Attorney Chelsie Spencer is featured on “Cannabis and Credit Unions: The Opportunities and Risks” podcast with Robert McGarvey, who recently interviewed Ms. Spencer on issues facing credit unions seeking to service cannabis accounts. Mr. McGarvey is an expert in credit union technology and frequently covers issues affecting the credit union industry.   On…

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Trademark Lawyer Chelsie Spencer Published in TipSheet: Cannabidiol: The Disjointed Stance on the Cannabinoid at the USPTO

Trademark Lawyer Chelsie Spencer was published in the State Bar of Texas Intellectual Property Section’s TipSheet Vol. 13 No. 2, discussing the USPTO’s treatment of trademark applications for goods containing cannabidiol. To view the article, continue reading below or click here. Cannabidiol: The Disjointed Stance on the Cannabinoid at the USPTO Cannabidiol (CBD) is a natural phytocannibinoid…

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Bankruptcy Law Lacks Remedies for Businesses Operating in Violation of the Controlled Substances Act

Entrepreneurs start new businesses knowing they are taking certain financial risks. They recognize that their businesses may fail. Entrepreneurs also know that they can likely obtain some value from the sale, reorganization or liquidation of the failed business.  The Bankruptcy Code facilitates the ability of companies to recover the value from the assets and business…

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Canna-brand it? CBD Trademark Registration

Recently, the United States Drug Enforcement Agency (DEA) issued an internal directive which will likely assist pending and future CBD trademark registrations with the United States Patent and Trademark Office. What is CBD you ask? CBD is an acronym for cannabidiol, a cannabis compound derived from the marijuana plant. Importantly, CBD is a non-psychoactive compound,…

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Infringing Conduct Originating Abroad Which Reaches the United States Can Result in Copyright Liability

If an infringing performance of licensed broadcast media reaches domestic users in the United States, can the foreign originator of the performance be held liable under the United States Copyright Act? The D.C. Circuit has answered that in the affirmative by holding that an infringing performance that originates abroad but terminates in the United States…

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Holiday Trademark Roundup

It’s time for Ritter Spencer’s first annual holiday trademark round up. During the holidays, you will see several commercials and other advertisement for holiday specific products. Many of the brands behind these advertisements protect their goods and services through federal trademark registration. Even the studios behind some of the famous and classic Christmas movies that…

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Trademarks 101: What is Trade Dress?

Continuing with our blog series covering federal trademarks, today we will be discussing trade dress. Trade dress is commonly defined as the total image or overall appearance of a product. Protectable trade dress may include design features such as color or color combinations, graphics, size, shape, and texture, among others. It is the combination of…

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