April 12, 2013

The Denver Business Journal

By Heather Draper

So you're rolling out a new retail marijuana operation in Colorado, under the state's new law legalizing the sale of small amounts of pot. How do you trademark your name and your products?

Reporter Heather Draper interviewed Jeffrey Kass, a shareholder at Polsinelli Shughart, about the legal implications of branding a substance that is illegal at the federal level but legal in Colorado.

"There are thousands of things you can get trademarks on that are related to the marijuana industry but are not illegal,"said Kass. "There's a whole slew of things, T-shirts, magazines, they could trademark so they could enforce it against others using the name."

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About Jeffrey Kass

Jeffrey Kass is a shareholder in the firm's Intellectual Property and Business Litigation practice groups. He has more than 17 years of experience representing clients in many areas of law. He practices out of Polsinelli Shughart's Denver and St. Louis offices.

Mr. Kass focuses his practice on trademark, patent, trade secrets and copyright litigation, as well as technology law, business and commercial litigation, broker-dealer arbitration and business planning matters. His practice also focuses on contract issues, software licensing, Internet domain name disputes, and related areas of law. He is experienced handling preliminary injunctions and temporary restraining orders, jury and non jury trials, disputes before the United States Patent & Trademark Office, and he has participated in securing multiple intellectual property victories in federal court, including winning a significant trademark jury trial in 2009, and securing dismissal of a high profile trademark lawsuit in 2013.

Mr. Kass also provides expert witness opinions and testimony in trademark and unfair competition cases. He advises companies on various business planning issues, and he is general counsel to numerous startup companies. In 2009, the publication Small Business Monthly named Mr. Kass one of the top ten lawyers for entrepreneurs. In 2012, Mr. Kass was selected for inclusion in Missouri & Kansas Super Lawyers.