CBD Industries LLC, seller or cbdMD branded commodities has sued Majik Medicine over trademark infringement, claiming that the firm’s use of the ‘CBD MD’ trademark is confusing patrons.
Located in North Carolina, CBD Industries claims that the Louisiana-located Majik Medicine utility of the ‘CBD MD’ trademark will make consumers erroneously believe that Majik’s commodities are legal dietary and food supplements, which is not the case.
CBD Industries filed the complaint in America’s District Court for North Carolina’s Western District. It claims that the defendant has registered a ‘CBD MD’ trademark at the USPTO (U.S Patent and Trademark Office) that shouldn’t have been awarded. The firm calls the court to scrape off the ‘CBD MD’ trademark and prohibit Majik Medicine from future use. The plaintiff is seeking $75,000 in attorney’s charges and damages.
According to CBD Industries, USPTO’s 2017 provision of Majik Medicine’s trademark was illegal because CBD commodities were still criminalized under state law during that time.
The lawsuit suggests that the USPTO ordered that for cannabis-related applications submitted before 20th December 2018, registration would be declined because of illegal use or missing bona fide motive to utilize in legal commerce under the Controlled Substances Act.
The defendant applied for a CBD MD trademark during 2016 and was issued in 2017 by USPTO before alterations in America’s law that occurred from the approval of the 2018 Farm Bill that decriminalized industrial hemp across the state.
Initially, CBD Industries was registered as cbdMD and is still trading using the name. The firm retails CBD-related beauty and health topical and has aggressively advertised its products on various platforms including United States cable TV channels. The suit also suggests that CbdMD has recorded sales of about $30 million and was enthusiastically received by the CBD users.