U.S. News | CBD Industries Sues Majik Medicine for Trademark Infringement

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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
Case #: 3:21-cv-00069
Nature of Suit: Trademark
Cause: Trademark Infringement
Case Filed: Feb 12, 2021

 

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About Nathaniel Adebayo 656 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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