Edible Arrangements is suing Chicago-based marijuana company Green Thumb Industries over use of the word „edibles.”
The Atlanta-based company, which sells fruit designed to look like flower arrangements, says GTI’s Incredibles brand of marijuana-infused chocolates, gummies and other candies violates its trademark rights to the words “edibles” and “incredible edible.”
Edible Arrangements says the confusion comes from the pictures as much as the words, claiming in its suit that GTI’s “incredibles” logo closely resembles the Edible Arrangements logo. Edible Arrangements says any confusion hurts the company and its 1,200 franchisees.
“Even those who’ve consumed a generous serving of our delicious incredibles wouldn’t confuse a pre-cut fruit bouquet delivery business with an edibles cannabis brand,” GTI said in a statement.
Edible Arrangements filed suit last week in U.S. District Court in Chicago. The lawsuit was first reported by trade publication Marijuana Business Daily.
“Edible Arrangements’ lawsuit is a classic example of trademark overreach,” GTI added in its statement. “Edible Arrangements’ trademark rights, to the extent they exist at all, have nothing to do with cannabis or CBD, and their proclamation of rights in the term 'edible’ in the cannabis and CBD space is extremely specious. Edibles is a universally known, generic term for cannabis-infused food products that has been commonly used in the industry for decades.”
However, Edible Arrangements says it plans to move into a related business, selling edibles infused with CBD, which comes from the cannabis plant but doesn’t contain THC, the chemical that makes marijuana users high. “Cannabis-related products are within the zone of Edible’s natural expansion, as evidenced by Edible’s expansion in-fact to sell cannabidiol (’CBD’) products in Edible retail locations,” the lawsuit says.
CBD is growing at nearly 50 percent a year and will be nearly as big as the marijuana market in the United States by 2024, according to industry research firm BDS Analytics.