Court Trims Cannabis Company’s Prior Use Defense Based on Preemption by Federal Trademark Law

Court Trims Cannabis Company’s Prior Use Defense Based on Preemption by Federal Trademark Law

A federal district court has eliminated a cannabis company’s affirmative defense to federal trademark infringement claims based on the company’s prior use of a trademark that was legal under state law but not federal law. The Court concluded that, although use of the mark may have been legal under California law, “[c]annabis is illegal under federal law [and] the Lanham Act preempts the state law.” As the TMCA discussed previously, Kiva Health Brands (a national health food and supplements company) and Kiva Brands (a company selling cannabis-infused edibles) are locked in a dispute over the trademark KIVA.  The parties cross-filed…

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Source : CANNANNEW REPORT
Link to original : Court Trims Cannabis Company’s Prior Use Defense Based on Preemption by Federal Trademark Law
reposted by Cannabis News World

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