“Green” Fashion and Beauty at 2020 Fashion Law Conference

POT OF GOLD: The Federal Bar Association is committed to exploring innovative, cutting-edge topics in the law. The latest “It” ingredient in the fashion and beauty industry is undoubtedly cannabis. The buzzy ingredient CBD (cannabidiol) has non-psychoactive properties that won’t get you high and it’s been popping up in products ranging from lipstick and perfume to moisturizers and shampoos. Moreover, Acabada recently launched the first brand of workout clothes that contain CBD to help fight soreness and inflammation as well as promote healing. CBD-infused products illustrate a new, burgeoning area of law that incorporates wellness, beauty, fitness, and fashion.

“Cannabis and CBD in the Fashion and Beauty Industry” is a panel at the upcoming Fashion Law Conference on February 7, 2020, that will address how the Food & Drug Administration (FDA) regulates fashion and beauty products containing CBD. Discussion will also focus on pending and proposed legislation governing the sale of products containing cannabis and CBD. Experts will examine how the United States Patent and Trademark Office (USPTO) has dealt with patents for cannabis and/or CBD merchandise as well as trademarks. Attendees will learn how prior legislation, including the 2018 Farm Bill, affects the gaining popularity of the cannabis industry and its upcoming legal applications in the federal sphere. Sign up on or before January 10, 2020, at www.fedbar.org/fashionlaw20to take advantage of early-bird rates!

HIGH STAKES: As of now, 11 states and Washington, D.C., have legalized the recreational use of cannabis. Twenty-two states along with the U.S. territories Puerto Rico and Guam allow the use of cannabis for medicinal purposes. The massive potential of the CBD beauty and fashion market is enormous. However, cannabis is illegal under federal law.  How can cannabis fashion and beauty brands protect their businesses?

PROPERTY PROTECTION:The world is reliant on new inventions, and to establish ownership and protect these creations, makers must seek out trademarks and patents through the USPTO. It is not impossible to secure IP rights on cannabis-related products, but there are a number of factors to consider and a number of complexities. The USPTO will not issue registrations for marks covering goods or services that violate federal law, even if such goods or services are legal at the state level. As more states decide to permit various uses of cannabis, it creates a complex situation for a cannabis-related patent owner or trademark owner when enforcing its rights in federal court.

FARM TO TABLE: Following the passage of the 2018 Farm Bill, more companies are now free to develop products with CBD as an ingredient. This bill legalized the production of hemp as an agricultural commodity while removing it from the list of controlled substances. The law expands the potential for hemp production, but it does not create a system in which producers can grow it as freely as other crops. The bill also sets up a shared state and federal regulatory authority over the issue.

TO BE BLUNT: Join the FBA in New York City on February 7, 2020, for a dynamic conference focused on the advancement of fashion law in today’s globalizing world. Scheduled to coincide with New York Fashion Week, attendees will be surrounded by the industry’s creative energy and emerging trends. This full-day program is open to attorneys, fashion industry professionals, and law students who wish to expand their current understanding of legal issues in this worldwide industry. CLE credit will be available, and attendees will have the opportunity to network throughout the event. Register today at www.fedbar.org/fashionlaw20.

About the Author

Stacy Slotnick, Esq. holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst. She performs a broad range of duties as an entertainment lawyer, including drafting and negotiating contracts; addressing and litigating trademark, copyright, patent, and other IP issues; and directing the strategy and implementation of public relations, blogging, and social media campaigns.

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 16,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.