The makers of Gorilla Glue adhesives want cannabis growers and sellers to stop using their name, according to a lawsuit filed by the company against GG Strains, Inc. That could spell trouble for GG Strains, since a big part of their revenue these days is licensing the name of their award-winning strain to other cannabis marketers.
The Law and Unintended Consequences
As legalization lurches forward, the cannabis industry is dealing with new issues of intellectual property law. Cannabis growers were essentially unrestricted by such niceties back when the entire business was outlawed. Now that the law approves of cannabis growers in more states, they have become legitimate businesses.
The consequences of that legitimacy are still playing out. One aspect of legal recognition is the responsibility to abide by the other laws that regulate day to day business. Cannabis entrepreneurs are still finding out what this means.
Intellectual property is one of the biggest areas where cannabis faces serious challenges. Make no mistake, this is just the start of growing pains for the cannabis industry as a whole. Some of the arguments may seem silly, but they are just a warm-up to the battles that federal legalization will likely bring.
Cannabis Industry Ripe For IP Lawsuits
A large number of popular cannabis strains go by familiar names. Some of those are arguably proprietary trade names belonging to others. For example:
- Gorilla Glue #4 - currently getting sued
- Skywalker - the name of the lead characters in the most popular movie series of all time, now owned by the most lawsuit-happy media conglomerate on earth
- Death Star - same deal
- Jedi Kush - and again
- Purple Haze - Jimi doesn't care, but who owns this name now?
- LA Confidential - like the movie
- Grape Ape - a big purple gorilla from Saturday mornings in the 70s
- Girl Scout Cookies - breeders received a demand letter from the Girl Scouts of America to stop using the name; renaming to GSC underway
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Why Is The Weed Called Gorilla Glue Anyway?
According to marijuana legend, the Gorilla Glue strain got its name from the incredibly sticky fingers the original breeder, "Joesy Whales" got after handling the buds during harvest. Freshly harvested weed is usually sticky, but apparently this time the resin made the guy's phone stick right to his hand. The extreme adhesion inspired him to name his new cross Gorilla Glue.
This is where the legalities get a little tricky. A brand's trademark does not necessarily extend protection to preventing the use of that name in other industries. For example, Dove soap and Dove chocolate bars have the same name, but no one confuses the two. They are separate products and companies and industries.
"We don't sell glue." - Jackie Don Peabody, aka "Joesy Whales"
Unfortunately for GG Strains Inc, Gorilla Glue Co has a very strong case. The growers' argument in opposition is essentially that they are in different industries, so the trademark name protection should not transfer. There are a few reasons specific to this case that the argument may not hold up. That's too bad because it is almost certain to serve as precedent in similar lawsuits in the future.
The reason for adopting the name was the resemblance of a key feature in both products: stickiness. The Gorilla Glue Co. rightly points out that they've spent 20 years building their brand and don't want another company reaping the benefits or potentially harming their reputation in the glue business. But that argument just points out the stacked odds cannabis marketers face.
Stuck In Limbo
Until cannabis is legalized at the federal level, cannabis growers and marketers face lopsided exposure to lawsuits like this. Cannabis is still a fledgling industry. Until recently, cannabis growers have been largely unable to even hire legal representation and advice regarding the brands they themselves have been developing for years.
Without federal legality, a cannabis grower cannot file for a federal trademark. That could mean they lose every case by default. On the other hand, federal legalization would quickly result in patents on the genetics of different strains, especially on genetically modified versions.
With legalization now gaining more ground every day, current cannabis marketers need to think about the importance of the legal aspect of the agriculture sector as a whole, and stake their claim.