Trademark Dispute Involving California Cannabis Company
California cannabis company Capna Intellectual just got hit with a preliminary injunction in a trademark lawsuit filed by huge tobacco corporation ITG Brands. The basis of the lawsuit is that Capna branded certain cannabis products with the word “BLOOM” with interlocking Os in the middle, which ITG claims is infringing on its KOOL brand of cigarettes, also with interlocking Os.
The court ruled that while the case is pending, Capna must discontinue selling any of its products with the BLOOM branding, as well as post notices or corrections stating it will be replacing the logo moving forward. Distributors will be able to return any products with the prohibited trademark.
Generally speaking, this injunction does not bode well for Capna’s BLOOM brand, as the court issues such an injunction when the plaintiff is likely to succeed on the merits of the case, the injunction is viewed to protect from public confusions regarding the brands, and the plaintiff is likely to incur irreparable harm without the injunction. Often, such an injunction is a sign that Capna will lose the case altogether.
When you are launching a new brand for your cannabis products or company, it is critical to take the necessary steps to prevent costly legal battles regarding possible infringement. On the other hand, you also want to handle the situation properly if you believe another company is infringing on your IP, and you want to have the proper protections in place.
Seek Help from a Cannabis Intellectual Property Attorney Today
Intellectual property – including trademarks – are important assets for cannabis companies, and the above case demonstrates how that can be threatened. If you have questions or concerns about your IP, a California cannabis lawyer from Kaver Law Office can help. Please contact us online or call 424.374.2753 today for more information.