06/23/2026
Major news for cannabis brands:
A federal court has ruled that the “illegality defense” does not automatically prevent cannabis companies from enforcing trademark rights.
For years, cannabis businesses faced an uphill battle when it came to federal trademark protection because cannabis remains illegal under federal law. Many assumed that meant cannabis trademarks were effectively unenforceable.
But in *BBK To***co & Foods v. J&C Corp.*, the court reached a different conclusion. It held that federal illegality does not automatically eliminate trademark rights when a mark is being used in commerce in compliance with applicable state laws.
What this means for cannabis businesses:
• Stronger opportunities to protect valuable brands
• Greater confidence in trademark enforcement
• Increased legal risk for copycats and infringers
While obtaining federal trademark protection for cannabis-related products is still far from straightforward, this decision represents meaningful progress. The industry is moving closer to a future where cannabis companies can build, secure, and defend their brands without relying on complicated legal workarounds.