Weed Apps: Protect Your IP
The Smartphone has ushered in a new era of technology, increasingly powered by software applications, or “Apps.” The Cannabis industry is not immune to this wave of technological innovation and with the advent of various State legalization programs, more and more cannabis-related apps seem to be coming out every day. They range from the supportive, which focus on solving specific problems in the industry to the all-encompassing. Of course, just like all other software programs, Cannabis Apps are eligible and indeed require various copyright and trademark protections. If you plan on developing your own marijuana-related app, it is critical to first consult a marijuana attorney with expertise in Intellectual Property (IP) law to determine how to best protect your IP assets.
The procurement of copyright protection for original works of authorship happens immediately upon the creation of the original work. Our cannabis attorneys are often asked how a company’s App can benefit and qualify for Copyright protection. Fundamentally, an App company may secure copyrights on the App’s source code, original text, images, sounds, and/or videos. Unfortunately, copyright protection does not extend to the actual concepts, algorithms, methods, or ideas (although all of these things may potentially be patentable) involved in the creation of the App.
If you want to sue someone for copyright infringement of your Cannabis App, you must first register your copyright with the U.S. Copyright Office. Registering allows the public to know that you’ve claimed the rights to a work, and it far easier to win statutory damages and attorney fees in a lawsuit.
Trademarks protect the words, phrasing, symbols, and other design elements used to identify and differentiate a product or service from others. For apps, that means that you can trademark the name and display title of your Weed App.
Branding Considerations
Treat picking a name or display title for your cannabis-related App like you would a business or product name. Hire an attorney from a cannabis law firm to thoroughly research the name’s availability and ensure that your choices do not infringe on someone else’s copyright or trademark. A robust search in advance will also help you avoid sinking too much money into an app name that will potentially be contested by competing companies. Certain companies, like Facebook, own multiple trademarks on their logos and will not hesitate to send cease and desist letters to others using sufficiently similar logos.
Registering Your Cannabis Trademark
When you do settle on a name and title, register these trademarks before you launch the app. (The earlier, the better). While it is true that registration is not strictly necessary, you are provided with greater legal flexibility and damages in court if first you register your trademarks with the USPTO.
Originally published at www.thclegalgroup.com.
