US coffee company sues competitor over CBD TM
A US-based coffeehouse and roaster has filed a trademark infringement suit against a competitor which infuses its coffee with cannabidiol.
In a complaint filed at the US District Court for the District of Maine on Tuesday, May 28, Coffee by Design said Utah-based CBD Coffee, promotes its products using Coffee by Design’s trademarks.
Coffee by Design said it owns a trademark for the term ‘CBD’ in word form, as well as a logo design for the word ‘cbd’ with opaque circles in rounded parts of the ‘c’, ‘b’, and ‘d’.
According to the complaint, in January 2018, CBD Coffee began using the mark ‘CBD’ when advertising its products.
Coffee by Design said the packaging used by CBD Coffee was “confusingly similar” to its own packaging for coffee. In particular, CBD Coffee allegedly uses a ‘c’ with an opaque circle design that is “identical” to the ‘c’ that appears in Coffee by Design’s logo.
Coffee by Design added that this constituted to trademark infringement because the goods sold by both companies, coffee, are identical.
It also gave examples of how CBD Coffee’s alleged use of the marks has caused confusion within the marketplace, citing a number of articles documenting the confusion in the press such as one published by Bloomberg.
Additionally, Coffee by Design said CBD Coffee makes “false” and “misleading statements” while allegedly promoting its products using Coffee by Design’s trademarks, including that “CBD Coffee will relieve anxiety and depression, and that CBD Coffee will improve focus and memory”.
Coffee by Design is seeking damages and an injunction against CBD Coffee.
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