Following a two-week jury trial in the U.S. District Court for the District of Arizona, Goodwin’s IP litigation team achieved a unanimous defense verdict for Central Coast Agriculture, Inc. (CCA) in a long-running trademark infringement and unfair competition case brought by BBK Tobacco & Foods LLP d/b/a HBI International (BBK) — the owner and distributor of “RAW” rolling papers and smoking accessories (BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc., No. 2:19-cv-05216-MTL). The case stemmed from BBK’s allegations that CCA’s Raw Garden brand name, used in connection with cannabis products, infringed BBK’s “RAW” brand. BBK sought damages, disgorgement, and a permanent injunction that would have required CCA to rebrand its line of cannabis products.
After a two-week trial before the Honorable Michael T. Liburdi, nine jurors deliberated for less than 1.5 hours before unanimously finding in favor of CCA on all claims, rejecting BBK’s allegations of trademark infringement and unfair competition. The verdict confirms that CCA’s Raw Garden brand — one of California’s most well-recognized and respected cannabis brands — was independently developed, lawfully used, and does not infringe BBK’s trademarks.
The unanimous jury verdict follows six years of litigation, including an appeal to, and remand from, the Ninth Circuit, and marks a decisive victory for CCA in safeguarding its brand, reputation, and right to compete fairly in the marketplace. The jury’s verdict also affirms that there is no likelihood of consumer confusion between the parties’ products under federal trademark law.
Read more about the verdict.
The Goodwin trial team was led by Brett Schuman, Jeremy Lateiner, Michaela Ogden, Ishika Desai, and Kelsi Quarles, and co-counsel John Kerkorian and Mitchell Turbenson of Ballard Spahr LLP.
CCA is headquartered in Santa Barbara County, California, and is a leading cannabis cultivator and manufacturer known for its Clean Green Certified products, sustainability-driven operations, and commitment to product transparency. CCA’s Raw Garden-branded products have earned numerous awards and are recognized throughout California’s regulated cannabis industry for purity, quality, and consistency.