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Patenting for Inventors Ep. 155: Trademark Refused, Patent Approved: Illegal Intellectual Property Explained
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🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP
Can you patent a bong? What about trademark a cannabis candy? 🤔
In this episode, Adam Diament tackles a frequently misunderstood area of IP law: whether you can obtain intellectual property rights for products that are illegal under U.S. law. The answers may surprise you.
🔍 You’ll learn:
- ✅ Why patents can be granted for illegal inventions
- ❌ Why trademarks must be tied to legal goods or services
- 💥 What happens with cannabis patents vs cannabis trademarks
- ⚖️ The logic behind the Lanham Act’s lawful use requirement
- 🎯 How gray-area businesses can still protect their IP (think clothing lines, CBD, and state registrations)
- 👀 Real-world examples, including the Juicy Whip deception case
Whether you’re in cannabis, crypto, adult content, or another edgy industry—this episode offers practical tips to build a smart, legal IP strategy.
Need help navigating the boundaries of patent or trademark protection? Call Adam at 424-281-0162 or visit nolanheimann.com/podcast
Until next time, keep on inventing (but maybe not selling those psilocybin bars just yet).
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