Cannabis And Trademarks: Sale of Cannabis-Infused Products Cannot Form Basis for Trademark Prior Use Defense

Kimberly Maynard In September 2018, Kiva Health Brands LLC (“KHB”), which supplies natural foods under the trademark KIVA, sued Kiva Brands Inc. (“KBI”) for trademark infringement and unfair competition arising out of KBI’s use of the mark KIVA on cannabis-infused chocolates.  KBI claimed to have started using its KIVA mark on cannabis before KHB’s KIVA branded goods entered the market.  Asserting that it was the prior user and, thus, entitled to an injunction against KHB, KBI filed counterclaims seeking to cancel KHB’s federal trademark registration and alleging trademark infringement.  It also asserted prior use as an affirmative defense. In September…

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Source : CANNANNEW REPORT
Link to original : Cannabis And Trademarks: Sale of Cannabis-Infused Products Cannot Form Basis for Trademark Prior Use Defense
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