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A Former Weed Dealer Built the ‘Budega’ Brand. Then Copycats Moved In.

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A Former Weed Dealer Built the ‘Budega’ Brand. Then Copycats Moved In.

In the fall of 2021, an acquaintance of Alex Norman, the founder of a cannabis apparel and lifestyle brand called Budega NYC, reached out to congratulate him on making a deal to open several dispensaries in Southern California.

There was just one problem, Mr. Norman said: “It wasn’t me.”

Instead, an international conglomerate had claimed the Budega name, which Mr. Norman, 50, said was a nod to the longstanding role of New York’s neighborhood bodegas in supplying weed before legalization. It was the first of a series of copycats that have forced Mr. Norman, who lives in Brooklyn, to decide whether to wage costly legal battles to defend his brand, work out deals to coexist or start over with a new name.

Cases like his have played out across the country as states legalize cannabis and allow businesses to open stores and release products under similar-sounding names. What in another industry might be blatant trademark infringement is becoming more common in cannabis sales for a simple reason: dispensaries and greenhouses are excluded from federal protections because marijuana is still illegal under federal law.

Industry analysts say the state-federal divide on cannabis is fueling a rise in trademark disputes that is driving many small companies out of business, threatening efforts to draw consumers and entrepreneurs out of the illicit trade and into emerging legal markets like New York’s. Jessica Gonzalez, a cannabis and trademark attorney, said the trend will only accelerate if the federal government legalizes cannabis and companies begin competing for national dominance.

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“It’s going to become a battle of the brands,” she said.

Legalization measures have fallen short in Congress, but the Biden administration has signaled that it plans to finalize a review by the end of 2023 that would include a recommendation on whether to loosen federal restrictions or fully decriminalize cannabis. Thirty-eight states have already legalized cannabis for medical use, and 23 have approved adult recreational programs.

Federal trademarks are awarded based on who is first to use a name, logo or other identifier in interstate commerce, such as a sale to a customer in another state. This favors companies with existing operations in multiple states because they already have the infrastructure to conduct sales across state lines that small businesses usually lack, Ms. Gonzalez said.

“Some will put up a good fight,” she said. “But in the end, they’ll have to weigh the cost between trademark litigation and rebranding.”

Both options are expensive and time-consuming. Most small businesses don’t have the money or manpower to wage legal battles that can drag on for years, with costs rising into the millions; rebranding involves finding new names and overhauling websites, social media and product packaging.

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Catherine Franklin, a former chief executive of GG Strains, the maker of a popular marijuana variety formerly known as Gorilla Glue, said the company spent more than $300,000 to rebrand in 2017 as part of a trademark infringement settlement with The Gorilla Glue Company, an adhesive manufacturer. The impact of the lawsuit lingered long after the settlement, she added.

“A lot of people didn’t want to talk to us anymore because they didn’t want to incur the wrath of the adhesive company,” she said.

Intellectual property lawyers say they advise their cannabis clients early on to build portfolios for federal trademarks around ancillary products and services, like apparel and consulting, and to pursue state trademarks for plant-touching brands where it is legal. They also tell them to safeguard things like proprietary plant genetics, product recipes and preparation methods, which has helped some formerly illegal businesses transition to the regulated market through licensing deals that expand their reach and increase their revenue.

Mr. Norman had followed that advice when he started Budega in 2019, as New York moved closer to legalization. He applied to trademark the brand as an apparel company, but the federal Patent and Trademark Office rejected his registration after he failed to respond to an examiner’s notices that the name was too similar to another clothing company’s. He then retained a lawyer who helped him to trademark Budega NYC.

But that left the Budega name still available. And in 2021, ANM, Inc., a subsidiary of Halo Collective, a cannabis conglomerate founded in Oregon and publicly traded in Canada, applied to trademark the name for retail stores promoting and selling consumer goods. The application did not mention the stores would be cannabis dispensaries, which would have been disqualifying. The trademark was approved in May.

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Mr. Norman has not decided whether to file a formal challenge. Having run a marijuana delivery service when it was illegal, he started the brand to build recognition for when he eventually opened a legal dispensary, or released a product line. He built a website, where he sells T-shirts and writes blog posts about the cannabis industry, and he has given several interviews about his past in the illicit market and his foray into the legal one.

In July, he received a retail license in New York on the basis of a prior conviction for marijuana possession and his subsequent ownership of profitable radio and consulting businesses.

Taking the initiative to build a following had seemed like a savvy business move for Mr. Norman, a Rutgers University graduate who once worked on Wall Street. But it has turned into a constant fight against copycats seeking to capitalize off Budega NYC’s name recognition, he said.

The owners of another similarly named business, Buddega NYC, received a retail license in April from cannabis regulators in New York, but changed the name after Mr. Norman complained to regulators that it was too similar to his trademark. Another called Budega Brand operates two unlicensed dispensaries in Manhattan and Queens.

Mr. Norman said the behavior would never be tolerated in the illicit market, where imitation might result in unwanted confrontation. But he said he was steadfast in his drive to go legal.

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“No one’s going to out-New York me,” said Mr. Norman, the son of Cuban immigrants who abandoned a career on Wall Street and maintained his weed delivery service for 15 years, despite soaring arrest rates for marijuana that were concentrated in places like his Bedford-Stuyvesant neighborhood. “That, at the end of the day, is what I have to lean on.”

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Carole Wilbourn, Who Put Cats on the Couch, Dies at 84

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Carole Wilbourn, Who Put Cats on the Couch, Dies at 84

Carole Wilbourn, a self-described cat therapist, who was known for her skill in decoding the emotional life of cats, as confounding as that would seem to be, died on Dec. 23 at her home in Manhattan. She was 84.

Her death was confirmed by her sister Gail Mutrux.

Ms. Wilbourn’s patients shredded sofas, toilet paper and romantic partners. They soiled rugs and beds. They galloped over their sleeping humans in the wee hours. They hissed at babies, dogs and other cats. They chewed electrical wires. They sulked in closets, and went on hunger strikes.

They suffered from childhood trauma, low self-esteem, anxiety, depression, jealousy and just plain rage. And Ms. Wilbourn, who was self-taught — in college she had studied (human) psychology and majored in education — seemed particularly attuned to the inner workings of their furry minds. A minor Manhattan celebrity, she was often called the kitty Freud, or the mother of cat psychiatry.

Cats hate change, she often noted. Even a new slipcover on the sofa can undo them. Cats are selfish. Unlike dogs, who strive to please their master, a cat strives to please itself. To mangle a cliché, happy cat, happy (human) life.

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“A cat behaves badly when it’s trying to communicate,” she told The Los Angeles Daily News in 1990. “It’s sending an SOS. It’s saying, ‘Please help me.’”

Ms. Wilbourn developed her specialty over a half-century after founding The Cat Practice, billed as Manhattan’s first cats-only hospital, in 1973 with Paul Rowan, a veterinarian. She said she was the first feline therapist in the country, a claim that is not known to have been disputed.

She was the author of six books, including “Cats on the Couch” (first published in 1982), which offered case studies to help cat lovers better understand their furry friends. She treated patients as far away as Australia and Turkey (by phone), and made house calls as far away as Maui.

“Cats have emotions,” she said. “They get happy and sad and frustrated, and, since I understand emotions in people, I understand them in cats.”

She estimated that she had treated some 13,000 cats, and claimed a success rate of 75 to 80 percent. Take Snoopy, who didn’t like to be held and played rough when he was, and ran around in circles if he was over-excited. Sobriety, a 3-year-old tabby, scratched her own skin raw. Minina bit all visitors, and had to be locked away during dinner parties. Ms. Wilbourn’s diagnosis? Single cat syndrome. The treatment? Another cat, preferably a kitten; lots of attention, but not to the kitten; and, in Sobriety’s case, Valium.

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She once treated a cat with Reiki energy healing after it had accidentally been run through the dryer.

Ms. Wilbourn’s go-to prescriptions also included New Age and classical music, recordings of whale songs and an abundance of treats, like catnip (a natural antidepressant, she pointed out). She also suggested canny behavior modifications by the humans, like having a new romantic partner feed the cat. She often recommended, in the days of landlines and answering machines, that humans call their pets and leave them cheerful messages. Her services did not come cheap. House-visits in Manhattan hovered at $400.

“If I lived anywhere besides a big city like New York,” she told The New York Times in 2004, “I’d be on food stamps.”

Ms. Wilbourn was the author of six books, including “The Inner Cat: A New Approach to Cat Behavior.”Credit…Stein & Day Pub

Carole Cecile Engel was born on March 19, 1940, in the Flushing section of Queens, one of four children of Harriet (Greenwald) and Gustave Engel, a taxi driver. There were no cats in their Queens apartment, but the family did have a canary named Petey. Carole graduated from Bayside High School and attended Albany State University’s School of Education before transferring to New York University, where she studied psychology and earned a Bachelor of Science degree in business education in 1964.

Her first cat was a part-Siamese named Oliver, whom she adopted through an ad in The Village Voice. She was working as a substitute teacher and a Playboy bunny before opening The Cat Practice with Dr. Rowan, whom she later married.

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“She was very attuned to the animals, to their emotional states,” Dr. Rowan said in an interview. “It was very unusual for the time.” As a result, their business flourished.

An earlier marriage to David Wilbourn, a photographer, ended in divorce, as did her marriage to Dr. Rowan. In addition to Ms. Mutrux, her sister, she is survived by Orion 2, a Siamese.

Ms. Wilbourn was a dog lover too, and on occasion treated canines, though she never had a dog herself. But she had definite views about anti-cat people. In her experience, she said, some of those who claimed they were allergic to cats often just didn’t like them.

“A cat is a free spirit and will not be subservient,” she wrote in “The Inner Cat” (1978). “People who derive their gratification from giving commands that others must obey can be threatened by a cat. It’s hard to assert your sense of power over a cat.”

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Port Workers Could Strike Again if No Deal Is Reached on Automation

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Port Workers Could Strike Again if No Deal Is Reached on Automation

Ports on the East and Gulf Coasts could close next week if dockworkers and employers cannot overcome their big differences over the use of automated machines to move cargo.

The International Longshoremen’s Association, the union that represents dockworkers, and the United States Maritime Alliance, the employers’ negotiating group, on Tuesday resumed in-person talks aimed at forging a new labor contract.

After a short strike in October, the union and the alliance agreed on a 62 percent raise over six years for the longshoremen — and said they would try to work out other parts of the contract, including provisions governing automated technology, before Jan. 15.

If they don’t have a deal by that date, ports that account for three-fifths of U.S. container shipments could shut, harming businesses that rely on imports and exports and providing an early test for the new Trump administration.

“If there’s a strike, it will have a significant impact on the U.S. economy and the supply chain,” said Dennis Monts, chief operating officer of PayCargo, a freight payments company.

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The union is resisting automation because it fears the loss of jobs at the ports. President-elect Donald J. Trump lent his support to the union’s position last month. “I’ve studied automation, and know just about everything there is to know about it,” he said on his website Truth Social. “The amount of money saved is nowhere near the distress, hurt, and harm it causes for American Workers, in this case, our Longshoremen.”

But figures close to Mr. Trump, like Vivek Ramaswamy, who the president-elect says will co-head an agency that will advise his administration on slimming down the government, have been critical of the union. In October, Republicans in Congress called on President Biden to use the Taft-Hartley Act to force striking longshoremen back to work.

And while the maritime alliance has agreed to a hefty raise, it may not be as ready to compromise on technology. Employers say that the technology is needed to make the ports more efficient and that they want the new contract to give them more leeway to introduce the sort of machinery that the union opposes.

To prepare for the potential closing of East and Gulf Coast ports, businesses have accelerated some imports, delayed others and diverted some to West Coast ports, said Jess Dankert, vice president for supply chain at the Retail Industry Leaders Association, which represents many businesses that import goods.

“Contingency plans are pretty well developed,” she said, but added that a strike of more than a week would have significant ripple effects that could take a while to disentangle.

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The International Longshoremen’s Association declined to comment.

The cost of shipping a container has risen over 60 percent on average in the past year, in large part because attacks on shipping in the Red Sea have forced ocean carriers to travel a longer, more expensive route and use more vessels. And if the East and Gulf Coast ports close, some carriers recently said, they will add surcharges to shipping rates for containers destined for the ports.

In earlier negotiations, the union secured a deal that would increase wages to $63 an hour, from $39, by the end of a new six-year contract. With shift work and overtime, the pay of many longshoremen at some East Coast ports could rise to well over $200,000 a year. (At the Port of New York and New Jersey, nearly 60 percent of the longshoremen made $100,000 to $200,000 in the 12 months through June 2020, the latest figures available, according to data from an agency that helped oversee the port.)

But to get those raises, the union will have to reach a deal on the rest of the contract, including new provisions on automation.

The core of the technology dispute concerns “semi-automated” port machinery that does not always require the involvement of humans. At the Port of Virginia, humans operate cranes that load containers onto trucks, but the cranes can also arrange huge stacks of containers on their own.

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The last labor contract allowed for the introduction of semi-automated technology when both parties agreed to work-force protections and staffing levels. But in recent months, leaders of the International Longshoremen’s Association criticized port operators’ use of semi-automated technology, contending that it will lead to job losses.

“Now, employers are coming for the last remaining jobs under the shiny banner of semi-automation,” Dennis A. Daggett, the union’s executive vice president, wrote in a message to members last month.

The employers want the new contract to let them introduce more technology. In a statement to The New York Times last month, the maritime alliance said it was committed to keeping the job protections in place, but added, “Our focus now is how to also strengthen the ability to implement equipment that will improve safety, and increase efficiency, productivity and capacity.”

Even with automation, hiring of longshoremen has gone up at the Port of Virginia, according to union records. An increase in the number of containers the port handles is largely behind the increase in hiring.

“The Port of Virginia is thriving with automation,” said Ram Ganeshan, professor of operations and supply chain at William & Mary in Williamsburg, Va. “They’re not mutually exclusive.”

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Some labor experts said there was a model for compromise: The union could agree to more automation, and the employers would offer solid job guarantees.

The International Longshore and Warehouse Union, which represents dockworkers on the West Coast, agreed to a contract over a decade ago that “recognized that the introduction of new technologies, including fully mechanized and robotic-operated marine terminals, necessarily displaces traditional longshore work and workers.” The union got guarantees that its members would maintain and repair the machinery at the terminals.

Harry Katz, a professor at Cornell University’s School of Industrial and Labor Relations, said a deal on the East and Gulf Coasts was possible in part because the employers were profitable enough to offer job guarantees. “I do expect a compromise,” he said.

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Fear on the Subway: Perception and Reality

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Fear on the Subway: Perception and Reality

Good morning. It’s Wednesday. Today we’ll look at the perceptions and the realities of crime in the subway. And, because it’s the first day of the state legislative session, we’ll look at the colonial-era lawyer who compiled a book of state laws when state government was brand-new.

Last year ended and 2025 began with a disturbing torrent of incidents in the subway: a woman burned to death on a subway car that was parked at the end of the line in Brooklyn, a man stabbed to death on a train in Queens and at least three other attacks.

Each heightened the perception that the subways are unsafe.

Mayor Eric Adams and Jessica Tisch, the police commissioner, used the word “perception” seven times in a briefing on citywide crime statistics on Monday. “The subways will always be a bellwether for the perception of public safety in New York City,” Tisch said. “Declining crime numbers are significant, but we must still do more because people don’t feel safe in our subways.” Later the mayor said: “It is clear perception always overrides reality.”

I asked Andy Newman, who covers homelessness and poverty in New York — and used to cover transportation — to talk about the perception and reality of recent crimes in the subway.

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The crime figures that Adams and Tisch released echoed a New York Times analysis of M.T.A. and police statistics from 2022, which showed that the chance of being a victim of violent crime in the subway was remote — roughly the same as the chance of being injured in a car crash during a two-mile drive. Why does the subway seem scarier?

People in cars tend to feel like the car itself is protecting them from external threats — it’s like you’re driving around in a little tank. I know, so is everyone else, but fear is not a rational thing.

In the subway, it’s just you, whoever else is there, and a train that weighs about 600 tons (not counting the passengers) barreling in.

And a subway car is a confined space where there may be no easy way to escape danger. That can make people feel trapped and vulnerable, which is scary.

Statistically, violent crime in the subway has seesawed in the last few years. But hasn’t there been an increase in several important categories, and doesn’t that go back to before the pandemic?

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Yes, compared with before the pandemic, the number of murders in the subway has been higher in the last few years, though it has fluctuated a bit. Incidents of people getting pushed to the tracks have also risen, and the rate of felony assaults is more than double what it was before the pandemic. Misdemeanor assaults in the subway have also increased, though not as much. Robberies, for what it’s worth, have not.

So the perception that the city is less safe, or unsafe, is a lingering consequence of the pandemic?

A lot of people think that something changed during the pandemic and that there were suddenly more homeless people with untreated mental illness on the streets or in the subways.

People with serious mental illness are more likely to be the victims of crime than the perpetrators. But there is a certain percentage of psychotic people who are capable of lashing out.

Some of this may be due to a drop in the number of psychiatric beds in hospitals, but no one knows for sure.

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There was a point at the height of the pandemic when paid ridership on the subway had plummeted and homeless people — who were avoiding shelters because they didn’t want to get sick — made some of the trains seem like rolling encampments. That’s no longer the case, but the perception is that things never quite went back to what they were before.

One transit advocate you talked to said that the M.T.A. has poured so many resources into stopping fare-beating. Would the subways be safer if there were more police officers and M.T.A. personnel on the platforms, instead of at the turnstiles?

It’s hard to say.

People have been pushed to the tracks even when police officers were patrolling on the platform but were not close enough to stop the attack. It takes only a second to push someone off the platform.

The police seem to believe that the people who habitually jump turnstiles are more likely to go on to commit more serious crimes once they’re in the subway system, so keeping them out prevents serious crime. But the police cannot be everywhere. It’s very hard to keep someone out if they want to go in.

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Weather

Expect sunshine and wind gusts with temperature in the upper 20s. For tonight, look for partly cloudy skies with temperatures in the low 20s.

ALTERNATE-SIDE PARKING

In effect until Jan. 20 (Martin Luther King Jr. Day).


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Today is the first day of the state legislative session in Albany, the first official workday for the Assembly and the State Senate.

In 2266, 242 years from now, will anyone still be talking about the laws they pass?

That question came to mind when Peter Klarnet, a senior specialist in Americana at Christie’s, picked up “Laws of the State of New York,” published 242 years ago, a compendium of actions taken by “the first session of the Senate and Assembly after the Declaration of Independence.”

It turned out that Klarnet was less excited about the book than about what he had found inside, a handwritten copy of the Declaration of Independence, apparently the only manuscript copy in private hands. Christie’s plans to sell it in on Jan. 24. The presale estimate is $2 million to $3 million.

The manuscript was written by Samuel Jones, who had compiled “Laws of the State of New York” with another colonial-era New Yorker, Richard Varick. Their names live on — Jones’s in Jones Beach on Long Island and Great Jones Street in NoHo, and Varick’s on Varick Street in Lower Manhattan.

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Klarnet said Jones’s legacy also included proposing compromise wording that broke a deadlock over the Bill of Rights and cleared the way for New York to ratify the federal Constitution. New York’s state Constitution was the only one that originally began with the Declaration of Independence; Jones apparently wrote out the manuscript that Christie’s is selling to take to the state’s ratification convention in 1788.

Looked at from the polarized 2020s, the back story of comity and compromise seems improbable: Jones had been a British loyalist during the Revolutionary War. But after the British surrendered, he became an ally of the state’s first governor, George Clinton, who had been on the side of the colonials as a brigadier general in the state militia.

The copy of “Laws of the State of New York” that Christie’s is selling has notes by Jones in the margin about laws that had been revised or repealed into the 1790s. He had been elected to the Assembly in 1786 and the State Senate in 1790, and in 1797 was appointed the state’s first comptroller.

So what about that question — the one about whether laws passed in this legislative session will be remembered 242 years from now?

I asked the current comptroller, Thomas DiNapoli.

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“I hope you’re not thinking about congestion pricing,” he said, laughing.

Dear Diary:

On the train in Brooklyn,
a lady stood facing the doors.
She s-l-ow-l-y extended her front leg
in an elegant line
and pressed her toe into the ground
with purpose.
The toe lightly tapped
and tapped again.
The movement caught my eye — a dancer!
Gemstone-studded ballroom heels
peeked out of her “The Heart of NY” tote.
With front leg extended,
she lightly flicked the leg upward in a tango kick,
silently dancing on the way home.

— Sarah Jung

Illustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.

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Glad we could get together here. See you tomorrow. — J.B.

P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.

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