Don’t tempt the NCAA, Delta-8 THC, and other legal news to ponder from Cape Law Firm
Don’t let the Madness infect your marketing
With the NCAA basketball tournament in full swing, many marketers see an opportunity to use some of the most popular phrases and buzzwords associated with the tournament for their own advertising. Although it may be tempting to cash in on the excitement, the NCAA owns registered trademarks on many of the beloved slogans, including: March Madness, The Big Dance, Final Four, and many others. The NCAA is also quite protective of their marks since they generate more than half their annual revenue from licensing and marketing the Division I men’s tournament. With that amount of money on the line, NCAA has a strong incentive to police the authorized use of its marks. Thus, advertising that uses one of NCAA’s trademarked phrases (or a phrase that is similar to the trademark) may invite a cease-and-desist letter or other unwanted attention from NCAA.
Delta 8 cannabinoid producing confusing effects
Delta-8 THC, a relatively minor and unknown cannabinoid, has been making headlines in the cannabis industry as an alternative to well-known cannabis derivatives CBD and Delta-9 THC. Delta-8 occurs naturally in cannabis, but the legal distinction between marijuana and hemp focuses on the content of Delta-9 THC. In other words, because the legal definition of hemp and marijuana singles out Delta-9 THC as the line between legal hemp and illegal marijuana, the legality of Delta-8 is confusing at best. Some in the hemp industry are concerned that marketing Delta-8 as having intoxicating effects will cause problems for hemp’s legal status because hemp is not psychoactive (or at least is not intended to be). The Delta-8 debate highlights the scenario where laws, research, and marketplace realities don’t match up. It also presents the industry with good opportunities to advocate for clearer, research-based legislation that bring certainty to stakeholders.