AK Futures LLC v. Boyd Street Distro, LLC, U.S. Court of Appeals, Ninth Circuit

A federal appeals court ruling has determined that Delta-8 THC derived from hemp is lawful and eligible for trademark protection.

Vape maker AK Futures has sought to block Boyd Street Distro from allegedly selling counterfeit versions of its “Cake” vapes that contain Delta-8 THC. Boyd Street had argued that since Delta-8 THC is illegal under federal law, it was not eligible for intellectual property protection.

The judges disagreed, criticizing Boyd Street for claiming Delta-8 THC is unsafe at the same time it is asking not to be stopped from selling it. As they wrote, “Agreeing with Boyd Street at this stage would not keep Delta-8 THC products off of the market, rather it would let a store continue to sell counterfeit versions of unknown origin. AK Futures has staked its name and reputation on the safety and quality of its Cake-branded products.”

The San Francisco Chronicle reports that Boyd Street is in the process of settling the claim and likely won’t appeal the ruling.

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LAWYER JOKE OF THE DAY

A man was sent to hell for his sins. As he was being taken to his place of eternal torment, he passed a room where a lawyer was having sex with a beautiful woman. “What a rip-off,” the man muttered. “I have to roast for all eternity, and that lawyer spends it with that gorgeous woman.” Jabbing the man with his pitchfork, the escorting demon snarled, “Who are you to question that woman’s punishment?”