Bbk Tobacco & Foods LLP v. Central Coast Agriculture, Inc.

BACKGROUND

BBK distributes and sells smoking-related products with trademarked “RAW” branding. Its products include cigarette rolling papers, lighters, tobacco shredders, tobacco grinders, and cigarette or cigar rolling trays. CCA sells “Raw Garden” branded concentrate and pre-rolled cannabis products.

1 In a separately filed memorandum disposition, we reverse the district court’s summary judgment on BBK’s trademark claims and affirm the summary judgment on CCA’s counterclaim to cancel BBK’s trademark registrations for unlawful use.

BBK TOBACCO & FOODS LLP V. CENT. COAST AGRI., INC.

BBK claims CCA infringed its RAW trademarks by producing, using, advertising, distributing, and selling products with the Raw Garden label. BBK’s amended complaint alleged seven claims: trademark infringement, false designation of origin, and anti-cybersquatting under the Lanham Act; trademark infringement and unfair competition under Arizona common law; a petition to void several CCA trademark applications due to a lack of bona fide intent to use the relevant trademark in commerce; and false advertising under the Lanham Act. CCA counterclaimed, seeking to cancel several BBK trademark…