Multistate cannabis operator Green Thumb Industries (GTI) has had a lawsuit filed against its “Incredibles” cannabis edibles brand. The case, which is being contested on behalf of fruit basket franchisor Edible Arrangements, argues that Chicago-based GTI has violated various federally registered trademarks.

Examples of the violations include Edible Arrangements’ “Edible” and “Incredible Edible” logos. The lawsuit was filed in the U.S. District Court for the Northern District of Illinois. The Atlanta-based company is hoping to win the battle by fighting against GTI’s violations of Illinois State law and federal law; GTI is accused of carrying out deceptive trade practices and unfair competition.

Cannabis branding lawsuit claims GTI lacks trademark rights for edibles logo

According to the lawsuit, GTI is not acting within its trademark rights by using the  “Incredibles” name to market its products. Additionally, Edible Arrangements argues that the Incredibles logo is “confusingly similar” to its own.

Edible Arrangements says that its disassociation with cannabis-derived products is not relevant and does not excuse GTI’s misleading branding tactics. Based on the details of the lawsuit, this is “because cannabis-related products are within the zone of (Edible Arrangements’) natural expansion, as evidenced by Edible’s expansion in-fact to sell cannabidiol (‘CBD’) products in (Edible Arrangements’) retail locations.”

Furthermore, the lawsuit outlines the federally illegal status of cannabis in the U.S. and therefore a trademark “must be used in lawful commerce” to safeguard trademark priority rights.

Cannabis branding lawsuit: GTI intends on fighting against Edible Arrangements’ claims

If Edible Arrangements is successful in its quest to win this cannabis branding lawsuit, GTI’s alleged trademark infringement will be forcefully put to an end. Redress in the form of damages and legal fees will be sought by the plaintiffs, with the amount to be determined based on GTI’s profit.

In its defending statement, GTI said that it is assessing the companys claims and, since “they appear to be without merit,” GTI will aggressively defend them in court.  The cannabis company identified the suit as “a classic example of trademark overreach”; arguing that possessing rights over the term ‘edible’ in the rising cannabis and CBD space is “extremely spacious”.

“Even those who’ve consumed a generous serving of our delicious Incredibles Mile High Mint bar wouldn’t confuse a pre-cut fruit bouquet delivery business with an edibles cannabis brand,” said GTI spokeswoman Linda Marsicano in an emailed statement.

“(Edible Arrangements) actively enforces its rights in the Edible Marks against third parties,” reads an excerpt from the company’s complaint, which goes on to say that it “has spent millions of dollars and has expended significant effort in promoting genuine (Edible Arrangements) goods and services under the Edible Marks” over the last 20 years.