AK Futures LLC v. Green Buddha, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
AK Futures filed suit against Green Buddha alleging unlawful manufacturing, important, advertising, marketing, selling, and distributing of products that replicated AK Futures’ own. Compl. ¶ 1. AK Futures owns and sells Cake branded Delta-8 products, including disposable electronic delivery systems and electronic cigarette e-liquid. Id. ¶ 2. Delta-8 is a hemp- derived product, regulated under the PACT Act and other regulations. Id. The Cake product is the top-selling brand of Delta-8 vaping goods in the country. Id. AK Futures launched Cake in October 2020, and since then, demand has been overwhelming, with revenue from sales of authentic Cake products exceeding $44,000,000. Id. ¶ 14. By virtue of this success, AK Futures has established substantial consumer goodwill in the Cake Mark, trade name, and designs. Id. ¶ 15. AK Futures has also filed for registration of the Cake Marks before the United States Patent and Trademark Office (“USPTO”). Id. ¶¶ 16-17. The application dates