US coffee company in dispute over CBD trade mark

Portland-based US coffeehouse Coffee by Design has filed a trademark infringement suit against its competitor in Utah for the imitation of its CBD initialed branding.

The complaint, filed in the US District Court for the District of Maine said the Utah-based CBD roaster is copying and promoting its products whilst using the Coffee by Design’s trademarks, causing confusion between consumers in the marketplace.

Founded 25 years ago, Coffee by Design has long held a reputation for its coffee in Portland and have trademark ownership of both the CBD initial’s and the logo.

The complaint states the Utah-based CBD Coffee began advertising its products in January 2018 and has a ‘confusingly similar’ logo and packaging of Coffee by Design’s products, particularly the Utah roasters logo - a single ‘c’ with an opaque circle wrapped around a cup of coffee; allegedly identical to that of the Portland based coffeehouse.

In the suit Coffee by Design cited a number of articles documenting the confusion between consumers within the marketplace.

With consideration of the recent boom in cannabis based CBD products, co-owner Mary Allen Lindemann claims the company has sent warning letters to several companies who sell CBD infused Coffee to inform them of the trademark protection they obtain over the initial’s.

 “All that we ask is that they say ‘CBD extract,” Lindemann said: “A bit further clarification, so that consumers know that they’re buying coffee that has cannabis in it and not Coffee By Design.”

Coffee by Design further stated the Utah-based CBD Coffee makes “false” and “misleading statements” while allegedly promoting its products, stating the coffee infused with cannabis oil will help “reduce anxiety” and “prevent memory loss.”

Coffee by Design is seeking damages and an injunction against Utah CBD Coffee.

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