Looking Forward to 2026: IP Predictions and Prospects for the Year Ahead
On day one of 2026, we asked IP stakeholders to give their predictions for the year ahead on the IP front. From AI, copyright and fair use to patent reform and USPTO operations, here is what they had to say about what to expect in the New Year.
William Stroever, Cole Schotz:
“This year we are looking forward to potential new developments in the trademark space in the cannabis industry. Trademark owners have long tried to negotiate the tension between federal and state trademark law by registering trademarks for cannabis-adjacent goods and services. There has been uncertainty on the part of trademark owners as to how strongly they can enforce their trademark rights, and trademark infringers have often tried to skirt liability by relying on an illegality defense to argue that they cannot be sued because cannabis is federally illegal.
Two 2025 developments have created a stir that we could see new wrinkles in the cannabis industry in 2026. The first are renewed comments at the federal level that some form of cannabis may be federally legalized. These are not brand new, but any talk will always perk ears up. The second development is the District Court of Colorado’s decision in BBK Tobacco & Foods LLP v. J&C Corp., allowing a cannabis trademark plaintiff to sue in federal court for infringement of trademarks for cannabis-adjacent products. We are looking forward to seeing whether this decision opens the door to more regular enforcement litigation in the world of cannabis trademarks.”
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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication. No aspect of this advertisement has been approved by the highest court in any state.
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