Harris Bricken’s Canna Law Blog reports…..
As usual, we’ve been monitoring both brewing and active trademark disputes in the cannabis space, and the most recent example involves the institution that is the Girl Scouts. For background, here are some of the other disputes we’ve covered in the past:
- Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles
- Cannabis Trademark Litigation: Web Platform Liability (Mr. T v. Leafly)
- Cannabis Trademark Litigation: Woodstock Case Shows Limits of Federal Trademark Protection
- New Trademark Litigation Against “Stoney Patch” Cannabis Products Calls Out an Industry Trend of Copycats
- UPS Sues Multiple Cannabis Delivery Companies for Trademark Infringement
- The “Tiger Hemp Beer” Case: Clear Your Cannabis Trademarks Before Filing
- Yet ANOTHER Cannabis Trademark Infringement Case: Tapatio Foods Files Suit
- What NOT to do with your Cannabis Brand: The Gorilla Glue Trademark Infringement Dispute
According to a recent article in Forbes, California cannabis-edibles company Kaneh Co. was promoting its cannabis-infused cookies as similar to several of the Girl Scouts’ cookie brands. According to the article, Kaneh was comparing its “Toasted Coconut Caramels (‘flecked with vanilla and sea salt’) to the Scouts’ Samoas; its Lemon Sugar Cookies to the Scouts’ Lemonades; and its Salted Toffee Blondies (‘a brown sugar blondie swirled with toffee chips and a generous dose of sea salt’) to the Scouts’ Toffee-tastic cookies.” All of these descriptions were included in an emailed advertisement for Kaneh’s goods, and a representative from Kaneh stated that the Girl Scouts comparison would not appear in any print or online advertisements.
The Girl Scouts, however, were not amused by Kaneh’s likening of its products to the Girls Scouts’ cookies, particularly given the connection to cannabis. A statement from the Girl Scouts said, “We consider … such use of our [cookie names] trademarks to be misappropriation, which we take seriously and, when applicable, [we] will send a cease and desist request.”
This is not the first time the Girl Scouts have gone to bat against a cannabis company, previously having clamped down on the use of the strain name “Girl Scout Cookies.” See: How an LA Weed Dispensary Pissed Off the Girl Scouts.