Almost exactly a year ago, I wrote about the uptick in cannabis business suing one another for trademark infringement (as opposed to non-cannabis companies suing cannabis companies, which happens a lot and which you can read about here, here, and here). The example at hand was the litigation between Harvest Dispensaries Cultivation & Production Facilities, LLC, based out of Arizona, and Harvest on Geary, Inc. / Harvest Off Mission, Inc., based here in San Francisco.
While that case ended up settling, the HARVEST mark has once again become a point of contention, this time in Arkansas. Harvest Cannabis Dispensary (I’ll refer to them as “Harvest of Arkansas”) is a small, family-owned cannabis business in the city of Conway, Arkansas. Harvest of Arkansas filed a lawsuit against Natural State Wellness Dispensary and Natural State Enterprises, which are affiliates of Arizona-based multi-state operator (“MSO”) Harvest Health. The two entities run a dispensary in Little Rock and a cultivation facility in Newport. In late May, Harvest of Arkansas announced that it had obtained a preliminary injunction against the Arizona company’s subsidiaries (the “NSW Entities”), preventing the NSW Entities from continued use of the name HARVEST in conjunction with their dispensary in Little