Trademark issues on the edge

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Trademark issues on the edge

Stereotypes about academics living in ivory towers were shattered yesterday as law professors considered the practical challenges of branding cannabis products and trademarking sex toys.

At the Sex, Drugs, Motorcycle Clubs: Trademark Issues on the Edge Professor Luncheon, academics talked about the problems of helping clients in the adult content industry and the legal marijuana trade to protect their IP rights.

Shabnam Malek of Cobalt explained the regulatory barriers that affect her clients’ abilities to trademark the names of their marijuana products in those states in the United States that now allow the sale of cannabis-related goods. “You can imagine how terrible this is from a branding perspective,” she said.

Todd Alberstone of Alberstone Consulting outlined the problems suffered by what he described as legitimate/established adult content brands in an online marketplace crowded with get-rich-quick businesses. “In the past brands such as PLAYBOY, PENTHOUSE and HUSTLER had very clear identities and associations. Now the adult content market is very different.”

He went on to discuss the problems that adult content companies have when they extend their brands into the retail market, such as selling sex toys. “There is an inherent conflict between the brand names used to drive search engine traffic and those that are acceptable to the USPTO. Terms that are descriptive or suggestive will cause problems,” he said.

The panel was hosted by David Bell of Haynes & Boone. The vice-chair of the Academic Committee, Megan Carpenter of Texas A&M School of Law, said that the session was designed to examine the issues that push the boundaries of trademark law.

The Academic Committee has 65 members. Among other things its members organize the Academic Course on International Trademark Law and a Career Development Day for law students at the Annual Meeting, as well as hosting the Professor Luncheon for IP deans and law professors. This year they also launched the (Dis)Order in the Court debate featuring practitioners and professors debating topical law issues.

more from across site and SHARED ros bottom lb

More from across our site

Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
Gift this article