Coffee by Design sues competitor over CBD TM


Sudipta Bandyopadhyay 06/06/19 #copyright #patent #trademark #brandprotection #infringement #news #newsupdate #topnews #world #headlines #breakingnews #latestnews #trending #hotnews #blogging #education #educationalblog #CoffeebyDesign #CBD #4BushHoldings #Portland #Utah

Coffee by Design filed an application on May 28th 2019 against 4Bush Holdings LLC and others for Trademark infringement and other wrongs. Coffee by Design owns the Trademark “CBD” in word form and logo design of opaque circles in the word ‘a', 'b' and 'c'. Coffee by Design alleges that CBD coffee used the mark “CBD” for advertising its products without their consent. Further, they used the design of opaque circle in the word 'c' and the packaging methods which are almost similar to coffee by design without any permission.

For seeking damages and injunction Coffee by Design filed an application before the United States District Court, District of Maineon the basis of infringement, unfair competition. The case is filled on the basis of Trademark infringement under 15 U.S.C. 1114. Coffee by Design claims for damages less than 15 U.S.C. 1117. Coffee by design further alleges that the act of the defendants constitutes unfair competition in violation of the Lanham Act 15 U.S.C 1125(a).

The plaintiff of this case is Coffee by Design Inc. and the defendants are 4Bush Holdings LLC, d/b/a  CBD Coffee, Desert Lake group LLC, John Doe individuals and entities. The plaintiff started their business in the year 1994 with one coffee house on Portland Congress Street. Today CBD has three coffee houses in Portland. The coffee is roasted in Portland and they accept mail orders from customers from all over the world.

Both 4Bush Holdings and Desert Lake group are Utah based Limited Liability Company (LLC). CBD coffee sells its product through wholesaler and e-commerce platforms. The plaintiff claims that the defendant also sells their product through e-commerce platforms. The defendant uses the mark CBD for advertising their products. The packaging style and logos are confusingly similar to the plaintiff.

The owners of CBD has registered both of their coffee and coffee shop. Cannabidiol is also referred to as an ingredient in defendants CBD coffee. Coffee by Design is called CBD in its native place. Thus, Coffee by Design and cannabidiol infused CBD coffee are totally similar. The plaintiff further pointed out that the defendants mislead the consumers by making false promises by the use of the name “CBD”. Coffee by Design prays for an injunction to prevent the defendants from making any use from the marks and logos of “CBD”. Through prayer, the plaintiff claims damages for Trademark infringement and counterfeiting activities.

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