Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this month, Ohio became the 24th state in the U.S. to legalize recreational marijuana. As more states pass laws to legalize marijuana, the conversation returns to the likelihood that Americans might see a law with nationwide reach. A federally applicable law (or lack thereof) becomes significant in the context of obtaining a trademark registration for cannabis products and services. Even if the products or services are legal under state law, the U.S. Patent and Trademark Office (USPTO), which oversees the registration of federal trademarks, requires that use of the mark be federally lawful before it will issue a federal trademark registration.

Kentucky

Russell Coleman (R), a Louisville attorney and former federal prosecutor, prevailed over Pamela Stevenson (D), member of the Kentucky House of Representatives, for District 43. Coleman will take over from departing attorney general (AG) Daniel Cameron (R), who was unsuccessful in running for governor against incumbent Andy Beshear (D). Such an outcome suggests that prevailing political headwinds affect AGs differently — despite their overt party affiliations. Coleman will take over the AG post in December.

On October 23, an amended complaint was filed by the Connecticut Office of the Attorney General (AG), alleging that Stone Academy, a nursing school, and its owners, Joseph Bierbaum and Mark Scheinberg, used millions of dollars from nursing student tuition and fees to finance personal luxuries and other businesses operated by Stone Academy’s owners.

The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS). The reversal comes in the wake of lawsuits filed in the Eighth Circuit in July by Missouri, Arkansas, and Iowa (the states), along with intervenors American Water Works Association and National Rural Water Association (the water associations). As a result of the withdrawal, the states and water associations filed to dismiss their suits.

Massachusetts Attorney General (AG) Andrea Joy Campbell has announced a $6.8 million settlement with the operator of an MGM resort and casino known as MGM Springfield for the entity’s alleged violations of the Massachusetts Wage Act, Minimum Wage Law, Overtime Law, and the state’s Earned Sick Time Law.

On October 26, Delaware Attorney General (AG) Kathleen Jennings filed a lawsuit against 14 chemical companies for allegedly contaminating the state’s natural resources with per- and poly-fluoroalkyl substances (PFAS) traceable to the use and disposal of aqueous film-forming foam (AFFF), a specialized firefighting foam product widely used at airports and military bases. The suit is the result of an investigation that was conducted over a two-year timeframe that involved environmental sampling, forensic analysis, and a review of corporate records.

A bipartisan coalition of 18 state attorneys general (AGs) led by Connecticut AG William Tong has signed an amicus brief urging the U.S. Supreme Court to overrule its 1972 Flood v. Kuhn decision and revoke the immunity from federal and state antitrust laws that the Court has uniquely granted to professional baseball for more than a century.

On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and Olymbec were in violation of Ohio’s hazardous waste pollution control laws. The consent order requires the two property owners to pay a $250,000 civil penalty and properly close the cleaned-up sites.

Recently, NJOY LLC filed a complaint in the U.S. District Court for the Central District of California against more than 30 foreign and domestic defendants that manufacture, market, distribute, and sell tobacco products in an (indirect) effort to force them to comply with federal and state laws. R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor Company (collectively, RJR) also recently filed a complaint with the U.S. International Trade Commission (ITC) against more than 25 foreign and domestic manufacturers, distributors, and retailers (collectively, the respondents) that seeks to prevent the import and resale of certain tobacco products. These lawsuits serve as two examples of how industry is trying to take independent legal action to target allegedly noncompliant actors and force them to comply with applicable law.