In a significant legal triumph, BBK, the manufacturer of the renowned RAW rolling papers, secured a win on crucial legal points in its trademark dispute with Central Coast Agriculture, Inc. (CCA).
The contention centered around CCA's employment of the "RAW GARDEN" name for its cannabis products, which BBK contested as an infringement of its trademark.
The U.S. Ninth Circuit Court of Appeals rendered two pivotal decisions on April 1, 2024, that could reshape the landscape of trademark law within the cannabis industry.
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Court Decisions Set Precedent
The appellate court’s rulings sent BBK's trademark infringement claim against CCA back to the district court for a full trial.
Additionally, it upheld the district court's findings that RAW rolling papers cannot be classified as "drug paraphernalia" and that CCA's attempts to register the RAW GARDEN name with the U.S. Patent and Trademark Office (USPTO) were invalid.
BBK's Response To The Ruling
A spokesperson for BBK expressed the company's satisfaction with the appellate court's decisions, noting the significance of these rulings for the rolling paper industry.
The court's rejection of the notion that rolling papers are "drug paraphernalia" and its affirmation of the invalidity of CCA's trademark applications mark a crucial victory for BBK.
The spokesperson highlighted the importance of these decisions in protecting consumers from confusion and misleading practices associated with the unauthorized use of the RAW name on cannabis products.
BBK says it now looks forward to presenting its case to a jury for a definitive resolution. This legal battle marks a notable chapter in the ongoing efforts to define the boundaries of trademark law in the rapidly evolving cannabis industry. The outcomes of this case could influence how trademarks are viewed and enforced in related sectors moving forward.
Interested in the latest developments in the industry? Stay abreast at the upcoming Benzinga Cannabis Capital Conference in Florida on April 16-17. The two-day event at The Diplomat Beach Resort is a chance for entrepreneurs, both large and small, to network, learn, and grow. Renowned for its trendsetting abilities and influence on the future of cannabis, this conference is the go-to event of the year for the cannabis world. Get your tickets now on bzcannabis.com – Prices will increase very soon!
Photo: Josh Kesselman - RAW Founder & Creator - Courtesy of RAW® Rolling Papers -BBK.
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The Benzinga Cannabis Capital Conference is returning to Florida, in a new venue in Hollywood, on April 16 and 17, 2024. The two-day event at The Diplomat Beach Resort will be a chance for entrepreneurs, both large and small, to network, learn and grow. Renowned for its trendsetting abilities and influence on the future of cannabis, mark your calendars – this conference is the go-to event of the year for the cannabis world.
Get your tickets now on bzcannabis.com – Prices will increase very soon!