It seems like a new trademark infringement case pops up every week in the cannabis space, and I often find myself using the supposedly infringing cannabis companies as examples of what NOT to do when choosing or managing a brand. But this time, it appears that the cannabis company in question, Green Thumb Industries Inc., may be on the right side of the dispute.
In the case at issue, Edible Arrangements LLC (owner of many federal trademark registrations including SWIZZLE BANANAS, FUN IN THE SUN-TINI, BOOTASTIC BOUQUET, and, most relevant to this case, EDIBLE ARRANGEMENTS) is alleging that Green Thumb Industries Inc.’s INCREDIBLES mark infringes its EDIBLE ARRANGEMENTS mark. See the two logos below:
According to Edible Arrangements, “Defendants’ use of the ‘Incredibles’ name is strikingly similar to Edible’s ‘Edible’ marks.” They cite similarities including the fact that both marks use lower case letters, even spacing, and are written in primary colors to emphasize the word “edible.”
These allegations are interesting, and it seems to me that Edible Arrangements will have a tough battle ahead of them in proving that these two marks are confusingly similar in appearance (I’ll set aside the fact that both marks are