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A Denver firm that sells a line of CBD sports activities drinks is suing a Tennessee beverage firm for copyright infringement, alleging the Nashville enterprise is promoting merchandise with virtually an identical names because the Denver model.
The June 26 lawsuit from Defy LLC filed in Colorado federal court docket says Defiance Brands, Inc. is promoting a line of sports activities drinks known as DEFY LIMITATION and DEFY LIMITATIONS.
Defy’s sports activities drinks are known as DEFY and DEFY FOR THE ACTIVE LIFESTYLE.
“Through its significant investment, Defy has earned substantial goodwill and consumer recognition in the DEFY Marks for use in connection with nutrient-enriched beverages and related products,” Defy’s attorneys say in the lawsuit.
They add that Defiance Brands started promoting their model of drinks in query “years after Defy’s first use of its” merchandise.
Hall of Fame Broncos working again Terrell Davis is one among Defy’s buyers and founders. He is also a firm spokesman.
The lawsuit seeks a court docket order for the Tennessee firm to cease utilizing Defy’s model.
The submitting comes after the U.S. Trademark Trial and Appeal Board rejected a trademark enchantment from the Stanley Brothers for the mark “CW,” saying that cannabidiol in meals, drinks or dietary dietary supplements violates federal legislation and is due to this fact ineligible for trademark safety.