A federal judge blocked a cannabis vape company indefinitely from using a product logo featuring interlocking “O’s.” A legal objection by Kool cigarette brand owner, ITG Brands, claimed successfully that Capna Intellectual had violated its trademark by using interlocking O’s in the branding for its Bloom brand. ITG said the Bloom log was a “blatant ripoff of [its] valuable trademarks.” The cease and desist order from U.S. District Court Judge Otis D. Wright permanently bans the vape company from using the logo “or any other marking containing interlocking O’s and/or circles.”
The decision follows a preliminary injunction in June that only temporarily blocked Capna from using the Bloom logo. Capna is also required to notify all of its retail distributors about the decision by November 15 and give them the choice to return any materials with the logo in exchange for new ones. The process has caused quite a headache when it comes to marijuana packaging.
This order is a massive inconvenience as Capna will now have to get their cart packaging returned, then changed into a different emblem. The order also ensures that Capna destroys any products and materials with the interlocking O’s by December 31 and “use its best efforts” to remove any materials later found to have the logo.
Tobacco titan Kool has used the interlocking O’s logo for over 88 years. Upon implementing the original junction, Judge Wright revealed he expected ITG Brands’ claim would be a success because both products are smoking-related.
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