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Beware Ornamental Cannabis “Trademark Use”

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The notion of ornamental trademark use is one that many cannabis clients are initially unaware of when seeking to protect their brands. This is unfortunate, because it’s an important issue to understand in the cannabis industry, where the only federal trademark protection we can obtain is for ancillary goods and services. (See here for the limitations of federal trademark protection in the cannabis industry.) The issue of ornamental use comes up frequently in the context of trademarks for apparel.

The United States Patent and Trademark Office (USPTO) may reject a trademark application if the specimen indicates that the use of the mark is merely ornamental or a decorative feature on the goods and does not function as a trademark to indicate the source of the goods. Here is an example of ornamental use provided by the USPTO:

“[A] slogan prominently displayed on the front of a t-shirt may be considered merely ornamental use and not trademark use. That is, most purchasers of the t-shirts would not automatically think the slogan identified the source of the goods but would view the slogan only as a decoration on the goods.”

Of course, not everything displayed on the front of a t-shirt would be considered ornamental and be ineligible for trademark protection. There are a number of factors an examining attorney will consider in determining whether a logo is ornamental or functioning as a source-identifier. The USPTO has explained that,

“a small, neat, and discrete wording/design located on the pocket or breast portion of a garment (for example, a small design of an animal) may create the commercial impression of a trademark, whereas a larger depiction of the same wording/design prominently displayed across the front of a garment may be more likely to be seen as a purely decorative or ornamental feature of the goods. The size, location, dominance, and significance of your mark as applied to the goods are factors used to determine whether your mark functions as a trademark to identify the source of your goods or is merely ornamental. Although there is no definitive method or place to affix a mark to the goods, the location and size of a mark on the goods is part of the environment in which the public perceives the mark and may influence how the mark is perceived.”

It is also important to keep in mind that common expressions and symbols (like the peace symbol or the phrase “Have a Nice Day”) are normally not the type of matter perceived as a trademark. There are three ways in which an applicant can overcome a refusal based on ornamentality:

  1. By proving inherent distinctiveness;
  2. By establishing acquired distinctiveness; or
  3. By showing that the mark is registered for other goods or services, and thus that the applied-for mark serves as a secondary source indicator.

It is possible for an ornamental design to be inherently distinctive if its primary function is to identify the source of the goods, with its ornamental aspect being only incidental.

In building your cannabis brand, it is important to pursue a trademark strategy that does not open any of your marks up to refusal for merely ornamental use. If you intend to pursue trademark protection for ancillary goods like apparel, be certain that your mark is functioning as a source-identifier for that clothing, and isn’t just ornamental in nature. We’ve seen many instances recently of trademark applications that appear ornamental, and those applications will likely be vulnerable to rejection or challenge.



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Creatine for Muscle Growth, But What About Creatine for Your Cannabis Plants and Soil?

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Introduction

The question of whether to use creatine as a supplement for cannabis plants has piqued the interest of many growers, as creatine is primarily known for enhancing muscle performance and recovery in athletes. However, its potential application in horticulture, particularly for cannabis cultivation, warrants a deeper exploration. While some growers speculate that creatine’s nutrient composition, which includes nitrogen essential for plant growth, could benefit cannabis plants by promoting better growth and overall health, and that it may help plants cope with stress by enhancing their metabolic processes, leading to increased resilience and improved growth under challenging conditions, there is a significant lack of scientific research specifically addressing the effects of creatine on cannabis plants. Most claims regarding its efficacy are anecdotal and lack empirical support, and using creatine in excessive amounts could lead to negative consequences, such as disrupting soil chemistry, leading to nutrient imbalances and potentially harming plant health. If experimenting with creatine, it is crucial to start with a diluted solution, monitor plant health closely, and ensure that it complements a balanced nutrient regimen, as personal experience and careful observation will be key to determining its effectiveness in cannabis cultivation.Understanding Creatine…

 

 What is Creatine?

Creatine is a naturally occurring compound classified as a nitrogenous organic acid that plays a crucial role in energy metabolism, particularly in muscle cells. Its primary function is to facilitate the regeneration of adenosine triphosphate (ATP), which serves as the primary energy currency within cells. While creatine is predominantly found in animal-based food sources such as red meat and fish, it can also be synthesized endogenously in the human body from a combination of amino acids, including arginine, glycine, and methionine. This ability to be produced internally, along with its presence in certain dietary sources, contributes to creatine’s importance in maintaining cellular energy levels and supporting overall physiological functions, especially in tissues with high energy demands like skeletal muscles.

Forms of Creatine

 

Creatine is available in several forms, including:

  • Creatine Monohydrate: The most common and researched form, known for its effectiveness and affordability.

  • Creatine Ethyl Ester: A form that is claimed to be more easily absorbed but lacks substantial research backing.

  • Buffered Creatine: Designed to reduce the acidity of creatine, potentially improving its stability and absorption.

 

Potential Benefits of Using Creatine for Cannabis Plants

 

 1. Enhanced Energy Production

 

One of the primary functions of creatine is to facilitate energy production. In plants, energy is crucial for various processes, including photosynthesis, nutrient uptake, and growth. Some growers hypothesize that introducing creatine could enhance these energy-dependent processes, leading to more vigorous growth.

 

2. Nutrient Absorption

 

Creatine contains nitrogen, a vital nutrient for plants. Nitrogen is essential for the synthesis of amino acids, proteins, and chlorophyll, all of which are critical for healthy plant development. Some anecdotal evidence suggests that creatine may improve nutrient absorption in cannabis plants, potentially leading to better growth and yields.

 

 3. Stress Resistance

 

Cannabis plants can experience various forms of stress, including drought, nutrient deficiency, and pest attacks. Some proponents of creatine use argue that it may help plants cope with stress by enhancing their overall vitality and resilience. This could be particularly beneficial during critical growth phases or when plants are exposed to challenging environmental conditions.

 

 4. Improved Root Development

 

Healthy root systems are crucial for nutrient and water uptake. Some growers believe that creatine may promote root growth and development, leading to a stronger foundation for the plant. A robust root system can enhance the plant’s ability to absorb nutrients and water, ultimately contributing to better overall health.

 

 Concerns and Limitations

 

 1. Lack of Scientific Research

 

While there are numerous anecdotal reports regarding the benefits of using creatine for cannabis plants, scientific research on this topic is limited. Most claims are based on personal experiences rather than controlled studies. As a result, the effectiveness and safety of using creatine in cannabis cultivation remain largely unverified.

 

2. Potential Risks of Overuse

 

Using creatine in excessive amounts could lead to negative effects on cannabis plants. Over-saturation may cause water retention, potentially leading to root rot or other issues associated with overwatering. It is essential to approach any supplementation cautiously and monitor plant health closely.

 

3. Soil pH Concerns

 

Creatine may affect soil pH levels, which can impact nutrient availability and uptake. Cannabis plants thrive in a specific pH range (typically between 6.0 and 7.0 for soil). If creatine alters the pH significantly, it could lead to nutrient lockout or deficiencies, adversely affecting plant health.

 

4. Compatibility with Other Nutrients

 

Creatine’s interaction with other nutrients and fertilizers is not well understood. When introducing any new supplement, it is essential to consider how it might affect the overall nutrient balance in the soil. Compatibility issues could lead to nutrient imbalances, negatively impacting plant health and growth.

 

 Practical Considerations for Using Creatine

 

 1. Dosage and Application

 

If you decide to experiment with creatine, start with a diluted solution. A common approach is to mix a small amount of creatine monohydrate with water and apply it as a foliar spray or soil drench. Begin with a low concentration to observe how the plants respond before increasing the dosage.

 2. Monitoring Plant Health

 

Closely monitor your plants after introducing creatine. Look for signs of improvement, such as increased growth rates, healthier leaves, and robust root systems. Conversely, be vigilant for any negative effects, such as wilting, yellowing leaves, or signs of stress.

 

 3. Combining with Other Nutrients

 

Consider using creatine in conjunction with a balanced nutrient regimen. Ensure that your plants receive adequate macronutrients (nitrogen, phosphorus, potassium) and micronutrients (calcium, magnesium, iron) to support overall health. Creatine should not replace essential nutrients but rather complement them.

 

4. Timing of Application

 

Timing is crucial when applying any supplement. Consider using creatine during the vegetative stage when plants are actively growing and require more energy and nutrients. Avoid using it during flowering, as this stage has different nutrient needs and may be more sensitive to changes in the growing environment.

 

Conclusion

 

While the idea of using creatine as a supplement for cannabis plants is intriguing, it is essential to approach this practice with caution. The potential benefits, such as enhanced energy production, improved nutrient absorption, and stress resistance, are largely based on anecdotal evidence rather than scientific research. If you choose to experiment with creatine, start with small doses, monitor plant health closely, and ensure that it complements a balanced nutrient regimen. As with any cultivation practice, what works for one grower may not work for another, so personal experience and careful observation will be key to determining the effectiveness of creatine in your cannabis growing endeavors.

 

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AARP Dipsensary Discounts? – Cannabis Use by Older Americans Has Doubled in Just the Last 36 Months Alone

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Marijuana usage among older persons in the United States has nearly quadrupled over the past three years, according to a new research supported by AARP. Numerous users claim benefiting from cannabis use in pain management, sleep enhancement, mental health enhancement, and other areas.

 

More than one in five Americans 50 years of age and older reported using marijuana at least once in the previous year, according to a University of Michigan poll. Over one-tenth said they used it on a monthly basis. According to research, the number of older persons using cannabis will continue to rise as more states legalize it.

 

Of those who had used marijuana in the previous year, 81% stated they did so to relax, 68% to assist sleep, and 64% because they loved the experience. Furthermore, 63% utilized cannabis for pain treatment, with 53% using it to improve their mental wellness.

 

According to the AARP, 21% of Americans over the age of 50 currently use marijuana, nearly double the 12% reported in the previous 2021 poll.

 

According to the most recent data, 12% reported using cannabis at least monthly, 9% weekly, and 5% daily.

 

The poll also discovered that those aged 50 to 64, those in poorer health, and those from lower-income families were more likely to consume cannabis on a regular basis. In Michigan, where adult cannabis usage became legal in December 2019, consumption rates were even higher: 27% reported using it in the previous year, 14% weekly, and 9% daily or almost daily.

 

The Michigan Poll on Healthy Aging, which surveyed 1,079 Michigan residents and 3,012 people from other states, focused specifically on THC-containing products. The report’s authors emphasize the importance of further cannabis education.

 

Motivations Behind Cannabis Use Among Older Adults: A Growing Trend

 

According to the survey, adults aged 50 and older are turning to cannabis for various reasons, including:

– Relaxation (81%)

– Help with sleep (68%)

– Enjoying the effects/feeling good (64%)

– Pain relief (63%)

– Mental health or mood support (53%)

– Treating a medical condition (40%)

– Enhancing social gatherings/connecting with others (31%)

– Celebrating (26%)

– Experimenting (18%)

 

“As cannabis becomes legal, more people are using it, but we don’t yet have enough information to address crucial issues like, are there safe methods to consume it? Are there any suggested guidelines?” Bonar is a psychiatry professor at Michigan Medicine. “So, seeing these numbers rise without solid scientific data to guide people’s decisions is a bit concerning.”

 

The AARP-funded study concentrated on cannabis products containing THC, the psychoactive component that produces the “high.” This varies from CBD products, which are popular among older folks but contain just minimal quantities of THC.

 

Among regular cannabis users—those consuming at least monthly—56% said they had discussed their cannabis use with a healthcare provider, and nearly 79% believed that today’s marijuana is stronger than in previous decades.

 

However, Bonar pointed out that this means 21% of older adults might not realize THC levels have increased since the 1990s. She also noted that while 72% of people believe cannabis can be addictive, over a quarter remain skeptical.

 

The poll’s lead researcher, Jeffrey Kullgren, an internal medicine professor at the University of Michigan and a doctor at the Veterans Affairs Ann Arbor Healthcare System, emphasized the significance of addressing cannabis usage with healthcare practitioners. He noted that these discussions can aid in detecting potential medication interactions or symptoms of problematic use.

 

Cannabis as a Rising Alternative to Alcohol: Impact on Consumer Choices

 

According to a Bloomberg report earlier this month, the continued legalization of cannabis poses a “significant threat” to the alcohol industry as more people choose to use it instead of alcohol. The report predicted that this could “indefinitely” prolong the decline in wine and spirits sales.

 

In a research published late last year, a global investment bank mirrored these views, claiming that marijuana had developed into a “formidable competitor” with alcohol. Over the following five years, they predicted that the number of regular cannabis users will increase by roughly 20 million, while the number of alcohol users may decline by a few million. According to the research, as additional states legalize marijuana, sales of the drug might reach $37 billion in the United States by 2027.

 

Another research from Canada, where marijuana is allowed on a federal level, indicated a correlation between legalization and a decline in beer sales, suggesting that cannabis and alcohol are substituting for one another.

 

These results are consistent with recent polls regarding Americans’ perceptions of marijuana in relation to alcohol. According to a Gallup poll conducted last month, people believe cannabis to be less dangerous than nicotine-containing vape pens, alcohol, and tobacco. In addition, adult cannabis users have surpassed cigarette users in number.

 

According to a different survey conducted in June of last year by the American Psychiatric Association (APA) and Morning Consult, Americans view marijuana as much less harmful than alcohol, cigarettes, and opioids, and they also think it’s less addictive than technology.

 

A different survey conducted in July found that more Americans use marijuana daily than consume alcohol. Additionally, compared to cannabis users, alcohol users are more likely to think that cutting back on their usage would be beneficial.

 

Comparably, a May research that appeared in the journal *Addiction* discovered that more American adults now use marijuana on a regular basis than do people who use alcohol.

 

Bottom Line

 

According to a new AARP research, marijuana usage among older Americans has nearly quadrupled in the last three years, with more than 21% of persons aged 50 and over currently smoking cannabis. Key benefits include pain reduction, sleep help, relaxation, and mental health support. As additional states legalize marijuana, this tendency is projected to continue, particularly among individuals aged 50 to 64. Furthermore, cannabis is widely perceived as an alternative to alcohol, with many users preferring it to drinking, potentially impacting alcohol sales. With marijuana becoming more socially acceptable, healthcare practitioners and regulators must address the absence of clear rules for safe usage, especially as cannabis products become stronger and more readily available.

 

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Turns Out the ‘Barstool of Weed’ Isn’t Cannabis.Net After All, But It’s Actually Barstool Sports Itself!

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Barstool Sports Expands Into Cannabis Industry, Partners With Green Thumb Industries

Cannabis.net, often referred to as the “Barstool of Weed” since 2016, will happily relinquish that crown as Barstool Sports itself has jumped into the cannabis game with GTI!

In a groundbreaking move that highlights the growing intersection between sports media and the cannabis industry, Barstool Sports has announced a strategic partnership with Green Thumb Industries (GTI), one of the leading multi-state cannabis operators in the United States. This collaboration aims to elevate GTI’s cannabis brands, particularly RHYTHM and Dogwalkers Prerolls, through innovative content and marketing strategies that resonate with Barstool’s extensive audience. As cannabis continues to gain acceptance and legalization spreads across various states, this partnership marks a significant step for both companies in navigating the evolving landscape of cannabis culture.

“Being a fellow Masshole, I couldn’t be happier for Dave and his crew.” said Curt Dalton, managing director of Cannabis.net. “He has been at the cutting edge of partnerships in the legalization of online gambling, as well as now cannabis.” added Dalton.

 

The Rise of Barstool Sports

 

Founded in 2003 by Dave Portnoy, Barstool Sports has transformed from a small sports blog into a media powerhouse with a diverse portfolio of content spanning podcasts, video series, and social media platforms. With over 66 million monthly unique viewers, Barstool has established itself as a leading voice in sports entertainment, particularly among younger demographics. The brand is known for its irreverent humor, candid commentary, and engaging personalities, which have cultivated a loyal fanbase.

 

Barstool’s expansion into new markets has been a hallmark of its growth strategy. The company has successfully ventured into various sectors, including gambling and merchandise sales. By entering the cannabis industry, Barstool aims to capitalize on the burgeoning market while further solidifying its position as a cultural influencer.

 

Understanding Green Thumb Industries

 

Green Thumb Industries is a publicly traded company based in Chicago that operates across several states in the U.S., focusing on cultivating, manufacturing, and distributing cannabis products. GTI is known for its commitment to quality and innovation in the cannabis space, offering a wide range of products that cater to different consumer preferences. Their brands include RHYTHM, which focuses on high-quality flower and concentrates, and Dogwalkers Prerolls, designed for convenience and portability.

 

GTI’s approach to cannabis is rooted in social responsibility and community engagement. The company prioritizes sustainability and ethical practices throughout its operations while advocating for responsible consumption. This alignment of values makes GTI an ideal partner for Barstool Sports as both companies seek to normalize cannabis use and promote responsible consumption among their audiences.

 

 The Partnership: What It Means for Both Brands

 

The partnership between Barstool Sports and Green Thumb Industries is set to create a unique synergy that leverages Barstool’s extensive reach within the sports community while providing GTI with innovative marketing opportunities. Here are some key aspects of what this collaboration entails:

 

1. Content Creation

 

One of the primary focuses of this partnership will be on content creation that seamlessly integrates GTI’s products into Barstool’s existing media channels. This could include sponsored segments on popular podcasts like “Pardon My Take,” video content featuring Barstool personalities using or discussing GTI products, and social media campaigns designed to engage followers.

 

The goal is to present cannabis in a relatable and entertaining manner while educating consumers about responsible use. By utilizing Barstool’s humor-driven approach, the partnership aims to destigmatize cannabis consumption and encourage open discussions about its benefits.

 

 2. Brand Visibility

 

With millions of followers across various platforms, Barstool Sports provides an unparalleled opportunity for GTI to enhance its brand visibility. The partnership will allow GTI to reach new audiences who may not be familiar with their products or the cannabis industry as a whole.

 

Through targeted marketing campaigns and engaging content, GTI can effectively communicate its brand message while showcasing the quality and variety of its offerings. This increased visibility can lead to higher consumer interest and ultimately drive sales.

 

3. Navigating Regulatory Challenges

 

The cannabis industry faces numerous regulatory challenges when it comes to advertising and marketing. Many traditional advertising platforms impose strict limitations on how cannabis brands can promote their products. However, by partnering with Barstool Sports, a platform known for its innovative approach to content—GTI can navigate these challenges more effectively.

 

Barstool’s established reputation allows it to create engaging content that adheres to legal guidelines while still resonating with audiences. This partnership could serve as a model for other brands looking to enter the cannabis space without running afoul of advertising regulations.

 

 

4. Normalizing Cannabis Culture

 

As societal attitudes toward cannabis continue to evolve, there is an increasing need to normalize cannabis culture within mainstream media. Both Barstool Sports and GTI share a vision of promoting responsible cannabis consumption while breaking down stereotypes associated with its use.

 

Through entertaining content that highlights the benefits of cannabis whether for relaxation or social enjoyment, the partnership aims to foster acceptance among audiences who may have previously held reservations about cannabis use. By integrating these messages into popular sports culture, both companies hope to reshape perceptions around cannabis consumption.

 

 Cannabis Legalization in America

 

The partnership between Barstool Sports and Green Thumb Industries comes at a time when the landscape of cannabis legalization in the United States is rapidly changing. Over the past decade, numerous states have legalized cannabis for medical or recreational use, leading to an explosion of growth within the industry.

According to recent reports from industry analysts, the legal cannabis market in the U.S. is projected to exceed $41 billion by 2025. As more states consider legalization measures and public opinion shifts toward acceptance, businesses within this sector are poised for significant growth opportunities.

 

 

The economic impact of legalized cannabis extends beyond just sales revenue; it also creates jobs and generates tax revenue for state governments. States that have embraced legalization have seen substantial increases in tax collections from cannabis sales—funds that can be allocated toward education, healthcare, infrastructure projects, and more.

 

As major players like Barstool Sports enter this space through partnerships with established companies like GTI, they contribute not only to their own growth but also help shape an industry that has far-reaching implications for local economies across the country.

 

 

The cultural shift surrounding cannabis cannot be understated either; it reflects broader changes in societal attitudes toward substance use overall. As more people advocate for legalization based on health benefits or personal freedom arguments rather than stigma or fear-based narratives—companies like Barstool Sports are well-positioned to influence these conversations positively.

 

By engaging audiences through humor-infused storytelling around cannabis culture—whether discussing strains suited for game day or highlighting responsible consumption practices. Barstool can play an essential role in shaping how future generations view this plant-based product.

 

Future Opportunities

 

As this partnership unfolds over time there are numerous opportunities available not only within marketing but also product development itself! Some potential avenues include:

 

 1. Co-Branded Products

 

Given both brands’ strong identities there may be potential for co-branded products tailored specifically toward Barstool fans. Imagine limited edition pre-rolls branded with iconic catchphrases from popular podcasts or even themed merchandise that combines sports memorabilia with cannabis culture.

 

2. Events & Activations

 

Another exciting possibility lies within live events or activations where fans can engage directly with both brands! Whether through tailgates at sporting events featuring product sampling or hosting exclusive meet-and-greets these experiences could deepen connections between consumers while promoting responsible usage!

 

3. Educational Initiatives

 

Lastly education remains crucial when it comes to destigmatizing marijuana use! Collaboratively creating informative content focused on health benefits associated with different strains could empower consumers while reinforcing positive messages around safe consumption practices!

 

 Conclusion

The partnership between Barstool Sports and Green Thumb Industries represents not just an exciting development within two distinct industries but also signals broader changes occurring across American society regarding perceptions around marijuana usage!

 

By leveraging each other’s strengths Barstool’s vast audience reach combined with GTI’s expertise in quality product offerings, this collaboration sets out not only to entertain but also educate consumers about responsible consumption habits while normalizing discussions surrounding marijuana use!

 

As we look ahead, it will be fascinating to see how this partnership evolves over time; paving new pathways not only for both brands but potentially reshaping cultural narratives surrounding one of America’s most controversial yet rapidly growing industries!

 

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