Business Consumption Law News State

9th Circuit rejects ‘Herbal Chef’ TM for weed-infused cooking

The Ninth Circuit has ruled that a cannabis-infused cooking service called The Herbal Chef could not claim trademark rights to its name, noting that “herbal” is a “slang term for marijuana. ”

Affirming a lower court’s ruling last year, the appeals court ruled Tuesday that the name was merely descriptive of the company’s catering, educational and advocacy services involving cooking with infused cannabis.

“Neither party disputes that the dictionary definitions of ‘herbal’ — which include a slang term for marijuana — and ‘chef,’ when combined, directly describe The Herbal Chef’s services, which include cooking with marijuana,” a three-judge panel wrote. The Herbal…

To Read The Rest Of This Article By Staff on Law360

Published: March 17, 2021

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1 Comment
  • Warren Bobrow
    March 18, 2021 at 5:45 AM

    The use of the word marijuana is inherently racist. I thought we agreed to call the plant cannabis?

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