On the heels of our recent intellectual property webinar (a replay is available here!), we received some requests for real world examples of how trademark infringement litigation plays out in the courts. Luckily (or unluckily, depending on how you see things), trademark infringement litigation cases are filed on an almost daily basis throughout the country, and this one filed this week by CBH International, LLC is a great example.
The Parties to CBH’s Trademark Infringement Litigation
Plaintiff CBH International is the owner of the UNCLE BUD’S trademark, which it has federally registered for use in connection with its industrial hemp products like CBD topical, gummies, etc. CBH alleges that its goods do not contain any THC or psychoactive ingredients. THC levels over 0.3% would invalidate the federal trademark, as marijuana is still classified as a Schedule 1 drug.
Defendant Uncle Bud’s Grow Shop Corp. operates a retail store in Johnstown, New York that offers cannabis-related goods and services, such as hydroponic systems, fertilizers, and grow lights. In addition to using “Uncle Bud’s as its trade name, it also offers merchandise like hats and beer coozies that are labeled with “Uncle Bud’s.”
The Trademark Infringement Litigation Allegations
There are five elements
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