Nature’s Way accuses CBD maker of TM infringement
Products infused with cannabidiol (CBD) are at the centre of a trademark dispute between supplement maker Nature’s Way Products and Arizona-based Nature’s Way Botanicals.
Wisconsin-based Nature’s Way Products accused Nature’s Way Botanicals of infringing nine trademarks, unfair competition and false designation of origin, and cybersquatting in a case filed on Wednesday, February 26 at the US District Court for the District of Arizona.
According to the claim, Nature’s Way Products (which sells through outlets including Walmart and Amazon.com) recently expanded into the CBD/hemp extract segment of herbal products and supplements, although it has been using its trademarks on other dietary supplements since 1969.
“Nature’s Way’s ‘Nature’s Way’ marks are distinctive, well known and famous and [have] been for over quarter of a century,” added the Wisconsin-based company.
Now, it has accused Nature’s Way Botanicals of using trademarks that create a “confusingly similar” commercial impression to its nine ‘Nature’s Way’ trademarks.
It added that the defendants have a “bad faith intent” to profit from the registration and use of natureswaybotanicals.com by creating an association with Nature’s Way’s Products’ trademarks as to source or sponsorship.
“Defendant intends to derive benefit from the reputation of Nature’s Way’s ‘Nature’s Way’ trademarks by adopting identical and confusingly similar names, abbreviations and web domains for identical goods in the supplement industry,” it argued.
Nature’s Way Products also cited actual confusion—claiming that customers have contacted the company asking where their order was and to dispute charges.
Consequently, Nature’s Way Products sent two cease-and-desist letters to Nature’s Way Botanicals but has reportedly not received any response.
The suit added: “Defendant copied Nature’s Way’s marks with the intention of deceiving and misleading customers, the relevant industry, and the public at large or wrongfully trading on the goodwill and reputation of plaintiffs.”
Nature’s Way Products is seeking a finding of infringement of the nine trademarks, destruction of all infringing goods, transfer of the domain, and profits.
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