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

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 1 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BBK TOBACCO & FOODS LLP, DBA HBI Nos. 22-16190 International, an Arizona limited liability 22-16281 partnership, D.C. No. 2:19-cv-05216-MTL Plaintiff-counter- defendant-Appellant / Cross-Appellee,

MEMORANDUM

v.

CENTRAL COAST AGRICULTURE, INC.,

a Delaware corporation,

Defendant-counter-claimant- Appellee / Cross-Appellant.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Argued and Submitted September 15, 2023 Arizona State University

Before: HURWITZ, BUMATAY, and DESAI, Circuit Judges. Partial Concurrence and Partial Dissent by Judge BUMATAY.

BBK Tobacco & Foods LLP (“BBK”) distributes and sells “RAW” branded

smoking accessories. It alleges that Central Coast Agriculture, Inc. (“CCA”)

infringed on its “RAW” mark by selling cannabis products with the mark “Raw

Garden.” BBK’s operative complaint alleged seven claims: trademark infringement, false designation of origin, and anti-cybersquatting under the Lanham…