Shabnam Malek

Shabnam Malek founded Brand & Branch LLP in 2015 with law partner Amanda R. Conley to offer legal services to the cannabis industry, including trademark and copyright counsel, commercial contracts, regulatory compliance and advertising review. Malek graduated magna cum laude from the University of San Francisco School of Law.

She describes herself and Conley as “big law ex-pats” who met as associates at O’Melveny & Myers LLP. Malek later practiced trademark prosecution at Cobalt LLP. Both women developed relationships in the cannabis community, launched the Bay Area chapter of Women Grow—founded to promote female entrepreneurs in the cannabis industry—and organized the National Cannabis Bar Association in 2014.

That group later expanded to become the International Cannabis Bar Association. “I’m founding president,” Malek said. “I led it through its initial growth, and I’m still on the board. It’s my baby and my legacy, and I remain chief proselytizer and brand ambassador. We’re hosting an event in Berlin in July.”

Client work occupies most of Malek’s time. “Trademark is most interesting in cannabis because while it remains federally unlawful, we learned to build out portfolios based on state trademark law, following a line of cases based on the lawful use doctrine,” Malek said.

“Brand & Branch,” she added, “signifies two words that evoke our trademark branding work and our focus on the growth of our clients’ businesses.” Conley has since moved on to open her own firm in Oakland.

Among Malek’s clients is Denver, Colo.-based 1906, a cannabis edibles maker named for the last year that cannabis was legal and widely accepted before the 1907 Wiley Act launched the federal prohibition era. “They use the plant’s herbal properties medicinally to produce products deeply rooted in science,” Malek said. “We help them grow the brand and obtain licensing in other states. I really love helping clients like this one move from one state to another.”

Her business, she added, “is out of control. We’re so busy, and it’s not all cannabis. We also work for beverage industry and food products clients, though cannabis remains our primary focus, about 70% of our book. Chiefly it’s growth strategies, IP licensing and the building out of portfolios. We also do early dispute resolution. As brands grow, there’s sometimes a little conflict.”

Malek also has a pro bono practice in which she represents imprisoned women before the California Board of Parole Hearings and unhoused San Francisco residents through the Coalition on Homelessness.

– John Roemer