Over the last couple of years, our firm has seen a massive uptick in cannabis-related trademark litigation, and have handled many of these disputes on behalf of our clients, both as stand-alone matters and in conjunction with partnership disputes. Here are a few of the trademark disputes we’ve covered recently (our blog archives are full of these posts, if you’re interested):
The latest lawsuit was filed on July 10, 2020 by Colorado-based Carrick-Harvest, LLC d/b/a Veritas Fine Cannabis (“Veritas Fine Cannabis”) against defendants Veritas Farms, Inc. and 271 Lake Davis Holdings, LLC d/b/a Veritas Farms (“Veritas Farms”), which is based in Nevada. The lawsuit alleges trademark infringement, false designation of origin, unfair competition, cybersquatting, and declaratory relieve stemming from Veritas Farms’ use of the VERITAS mark in conjunction with its cannabis products.
What makes this lawsuit interesting, and also tricky, is that it involves a licensed cannabis business in one state (Colorado) claiming trademark infringement by another licensed cannabis business in a different state (Nevada). For those who have been following our blog, you likely know that obtaining federal trademark protection is a difficult proposition for cannabis companies, due to “lawful use in commerce” being a requirement for registration