Full Spectrum Nutrition LLC (“FSN”) has retained one of the country’s 200 largest law firms, Armstrong Teasdale LLP, to prevent a Colorado hemp company, Cannoid, LLC, and its owner from improperly enforcing trademarks they have on a retail brand.
DENVER, CO, October 31, 2018 /24-7PressRelease/ — Full Spectrum Nutrition LLC (“FSN”) has retained one of the country’s 200 largest law firms, Armstrong Teasdale LLP, to prevent a Colorado hemp company, Cannoid, LLC, and its owner from improperly enforcing trademarks they have on a retail brand of hemp products called “Entourage Hemp.” FSN believes that the generic and descriptive terms “entourage” and “entourage hemp,” as they relate to the global and U.S. cannabis industry, are far too important to be monopolized. Lawyers Bill Ojile and Cindy Pham of Armstrong Teasdale in Denver lead the representation of FSN in the pending lawsuit. This landmark cannabis trademark case could have a lasting effect on the ability of thousands of cannabis companies to use the term “entourage” to describe their products, services, or effects.
Cannoid initially filed suit against FSN alleging that FSN was infringing on its “Entourage Hemp” trademarks. Despite admitting that the brand name “Entourage Hemp” was inspired by the descriptive term “entourage effect,” Cannoid nevertheless seeks to prevent FSN and other U.S. companies from using any variation of the word “entourage,” in any capacity, in the sale and marketing of hemp products. FSN believes that Cannoid’s efforts to enforce trademark rights to the generic and descriptive term “entourage” would set a far reaching precedent and is an immediate danger to the entire U.S. cannabis industry.
The term “entourage” in relation to cannabis plants, describes a particular quality or feature of the plant and its derivatives: the interaction between active and inactive cannabinoid chemical agents. When working as a group—or entourage—the effect of the cannabinoids magnifies the therapeutic benefits of the plant’s individual components, so that the medicinal impact of the whole plant is greater than the sum of its parts. This synergy is known as the entourage effect.
The term “entourage” to describe this quality originated in 1998 from the medicinal research of Dr. Shimon Ben-Shabat, which distinguished the quality of natural, plant-based marijuana products from laboratory synthesized ones. Since then, the term “entourage” has been widely adopted in the medicinal and industrial hemp industries to refer to the natural quality of cannabis.
For example, a recent study conducted by Tilray (NASDAQ:TLRY) — a Canadian medical cannabis research, cultivation, processing, and distribution company — and published in the Journal of Headache and Pain, found that “a whole plant product” seems to lead to better tolerability and effects due to “the entourage effect.” See here: https://www.ncbi.nlm.nih.gov/pubmed/29797104
The term “entourage” is commonly used to describe hemp products that contain the full spectrum profile of the marijuana plant and can enable the entourage effect. A number of third parties in the cannabis industry use the term “entourage” as part of their product description. Hemp products that contain the full spectrum profile of the marijuana plant are also often referred to as being an “entourage” mixture or described as being made with “entourage” oil or ingredients.
In an effort to allow the continued use of the term “entourage” by everyone in connection with the marketing and sale of U.S. cannabis products in both the hemp and marijuana industries, Full Spectrum Nutrition LLC has filed counterclaims challenging the validity of the trademarks “Entourage Hemp” and “Entourage Hemp E” and has requested that the United States Patent and Trademark Office cancel the trademarks of Cannoid, LLC and its owner, Bill Arnold.
Full Spectrum Nutrition asks anyone in the U.S. and global cannabis industry who uses the word “entourage” to describe their product’s effect or uses the word “entourage” in the name of their cannabis business, and believes they have been or may be negatively impacted by Cannoid’s “Entourage Hemp” trademarks, to please contact Cindy Pham and Bill Ojile, at the Denver offices of Armstrong Teasdale.
Armstrong Teasdale, one of the nation’s largest 200 law firms, provides cost-effective and collaborative partnerships with clients around the globe. With offices across the U.S., our lawyers provide creative and practical solutions both inside and outside the courtroom. We help clients navigate laws and regulations and successfully complete transactions that fuel their strategic growth. Our lawyers are also proven litigators with many high-stakes defense verdicts under their belts as well as settlements favorable to clients.
The suit filing can be read here: https://www.scribd.com/document/392015212/Full-Spectrum-Nutrition-LLC-s-Countersuit-vs-Cannoid-LLC
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