Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles

The Harris Bricken Canna Law Blog writes,

Over the last couple of years, there has been quite a wide range of cannabis-related trademark disputes to write about on this blog, although most of those disputes have ultimately settled. Last year, Kiva Health Brands, LLC (“Kiva Health”) sued Kiva Brands Inc. (“Kiva Cannabis”) for trademark infringement, alleging that Kiva Cannabis’ “use of the names and marks KIVA and KIVA CONFECTIONS on and in relation to its cannabis containing food products is confusing, misleading, and deceiving consumers as to the source and origin of [Kiva Cannabis’] cannabis containing food products relative to Plaintiff’s healthy, eco-friendly food products.”

Kiva Health sells food products, including food supplements under the KIVA mark and has done so since as early as October 2010, and at least as early as February 2013. KIVA CANNABIS, on the other hand, uses the KIVA and KIVA CONFECTIONS marks on food products that contain cannabis. Kiva Health alleges that “consumers and prospective customers have contacted Plaintiff expressing concern and frustration believing that Plaintiff’s food products and supplements, marketed as healthy and eco-friendly, contain cannabis or other regulated substances.” Kiva Health asserts that Kiva Cannabis’ use of the KIVA marks “tarnishes” Kiva Health’s positive reputation.

Conversely, Kiva Cannabis argues that “its ownership stems from its predecessor  company selling cannabis-infused edibles in California since 2010.” The court rejected this argument, however, on the grounds that Kiva Cannabis makes cannabis-infused edibles, which are illegal under federal law. Kiva Cannabis was attempting to assert California common law rights in the KIVA mark, but its use of the mark was illegal under federal law and therefore, Kiva Cannabis did not make lawful prior use.

This is a huge blow to cannabis businesses, and means that prior common law use will not necessarily give you grounds to challenge a later federal trademark application for the same mark.

Read the full article at source

Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles

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