CBD Industries, formerly registered as cbdMD has filed a lawsuit in the U.S. District Court for the Western District of North Carolina against Majik Medicine for trademark infringement.
The plaintiff alleges that the defendant is using its mark, ‘CBD MD’ which is likely to cause consumer confusion to believe that Majik’s products are lawful food and dietary supplements or affiliated with the plaintiff.
CBD Industries reportedly said that its still trading under the cbdMD name and sells CBD-based products including lotions, oils, and creams.
According to its lawsuit, the plaintiff argues that Majik Medicine has registered a trademark for ‘CBD MD’ at the US Patent and Trademark Office (USPTO) which should have not been granted or approved in the first place.
The plaintiff reportedly said that the defendant is claiming to be awarded the trademark properly when the mark was not authorized to be used in connection with a CBD food or dietary supplement product under the Food, Drug, and Cosmetic Act.
The plaintiff reportedly said that USPTO’s issuance of Majik Medicine’s trademark in 2017 was unlawful as CBD products were illegal under federal law.
The plaintiff alleges that the use of the mark has caused lots of damages, confusion, and unfair competition.
The plaintiff is seeking the court to cancel the trademark, and issue an injunction barring Majik Medicine from using it in the future.
The plaintiff is also seeking damages in excess of $75,000 for the alleged infringement, as well as an award of attorneys’ fees.
The case is ongoing.
CBD Industries, LLC v. Majik Medicine
|Judge:||Robert J Conrad, Jr|
|Court:||North Carolina Western District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Feb 12, 2021|