The smoking accessory parent company of Raw Rolling Papers and Juicy Jays has filed a federal trademark infringement case against a Colorado marijuana business that has been selling pre-rolled joints and concentrates using the brand name “Juicy.”
BBK Tobacco & Foods, which does business as HBI International, filed the legal action in U.S. District Court in the District of Colorado on May 23, against J&C Corp., which does business as Juicy Concentrates, asking for a court order to have the cannabis goods destroyed.
The suit asks a federal judge to issue a ruling against Juicy Concentrates, asserting that the company’s sales have willfully usurped its legally trademarked brand.
“The word ‘juicy’ in Defendant’s JUICY Names is identical in appearance, pronunciation, meaning, and suggestion to the word ‘juicy’ in the JUICY Marks used by BBK,” the suit alleges. The company made similar allegations regarding Juicy Concentrate’s use in marketing of the word “Raw,” given BBK’s popular Raw Rolling Papers.
“Defendant’s acts have damaged, and will continue to damage, BBK’s business, reputation and goodwill, and have interfered … with BBK’s use of the Registered JUICY® Marks and the sale of the JUICY™ Brand Products,” the suit charges.
BBK’s suit asks a federal judge to award it all profits gained by Juicy Concentrates derived from the use of its trademarks, along with further damages for “intentional infringement, bad faith, and willful misconduct,” and an order to send all Juicy-branded goods to BBK for destruction.
There are no hearings yet scheduled in the case, and Juicy Concentrates has yet to file a response.
1The dispute is the latest in a long string of trademark lawsuits initiated by more mainstream companies against cannabis brands that attempt to play upon more well-known brand names. The act is particularly common in the edibles space, where THC-infused candy makers have been selling knock-offs of popular candies for years. That’s increasingly drawn the legal wrath of successful candymakers such as Tootsie Roll Industries, the Hershey Co., and others.
One comment
Scott
May 30, 2024 at 12:29 pm
I don’t think those logps are close to each other or would be confused by the average consumer.