On the heels of our current mental property webinar (a replay is offered right here!), we acquired some requests for actual world examples of how trademark infringement litigation performs out within the courts. Luckily (or unluckily, relying on the way you see issues), trademark infringement litigation circumstances are filed on an nearly every day foundation all through the nation, and this one filed this week by CBH International, LLC is a good instance.
The Parties to CBH’s Trademark Infringement Litigation
Plaintiff CBH International is the proprietor of the UNCLE BUD’S trademark, which it has federally registered to be used in reference to its industrial hemp merchandise like CBD topical, gummies, and so forth. CBH alleges that its items don’t include any THC or psychoactive components. THC ranges over 0.3% would invalidate the federal trademark, as marijuana continues to be categorized as a Schedule 1 drug.
Defendant Uncle Bud’s Grow Shop Corp. operates a retail retailer in Johnstown, New York that gives cannabis-related items and providers, similar to hydroponic techniques, fertilizers, and develop lights. In addition to utilizing “Uncle Bud’s as its commerce title, it additionally provides merchandise like hats and beer coozies which might be labeled with “Uncle Bud’s.”
The Trademark Infringement Litigation Allegations
There are 5 components of a trademark infringement declare:
- First, a sound protectable mark. A legitimate mark is any distinctive phrase, title, image, or mixture of these issues, utilized by an individual to establish and distinguish their items. Here, CBH in all probability has no drawback satisfying this aspect, particularly as a result of its federal registration additionally creates a presumption that the mark is legitimate and protectable.
- Second, plaintiff’s possession. Generally, solely the proprietor of a trademark registration can deliver a trademark infringement declare. Check.
- Third, defendant’s infringement of a trademark. I wish to specifically observe that the defendant’s mark doesn’t should be similar. So, the truth that Uncle Bud’s Grow Shop’s brand is completely different from CBH’s, and so forth., will not be a complete protection.
- Fourth, chance of confusion. This fourth issue is what courts wish to concentrate on, as a result of the entire level of this space of regulation is to stop shopper confusion. Whether there’s a chance of confusion is assessed by making use of a multi-factor take a look at. That take a look at varies a bit relying on jurisdiction, however these are the final components which might be thought of:
- Strength or weak spot of plaintiff’s mark – right here, I might say CBH is in fairly fine condition as a result of its mark is nationally identified and its merchandise are offered by varied on-line and brick and mortar retailers and have been highlighted by varied media shops.
- Defendant’s use of the mark as in comparison with plaintiff’s use – on condition that each events use the mark to tell apart their merchandise within the hashish realm, I might say this issue additionally in all probability ideas in CBH’s favor.
- Similarity of plaintiff’s and defendant’s marks – each events label their merchandise as “Uncle Bud’s.”