The FTC recently reached deals with six CBD companies after it issued formal complaints against them in December 2020 over concerns about deceptive practices. The initial complaints (found here: In re Bionatrol Health, LLC,...more
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...more
2/21/2020
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Corporate Counsel ,
Counterclaims ,
Defense Strategies ,
Lanham Act ,
Preemption ,
Prior Use ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California.
In late 2018, Kiva Health Brands (a national health food and...more
1/9/2020
/ Affirmative Defenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Common Law Claims ,
Counterclaims ,
Dietary Supplements ,
Federal Trademark Register ,
Laches ,
Motion for Summary Judgment ,
Preemption ,
Prior User Rights ,
Trademark Litigation ,
Trademarks
On November 25, 2019, the Food and Drug Administration sent a wave of warning letters to fifteen CBD companies claiming they are breaking federal food, drug, and cosmetic laws based on their current CBD product marketing and...more