Hexo Operations Inc. v. Assi Project Management LLC, et al.
Published: Dec. 31, 2020 | Result Date: Jun. 30, 2020 | Filing Date: Oct. 17, 2019 |Case number: 3:19-cv-01974-LAB-AGS Bench Decision – Permanent Injunction
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Jeffrey Michael Goldman
(Troutman, Pepper, Hamilton & Sanders LLP)
Defendant
Michael T. McColloch
(Michael McColloch, Esq.)
Facts
Plaintiff Hexo Operations Inc, a large Canadian cannabis producer, filed suit against Defendant Assi Project Management, a California CBD maker, asserting claims for trademark infringement and unfair competition under federal and California law.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended since 2018, Plaintiff has used the trademark "HEXO." Plaintiff contended its company had fully adopted the name HEXO for use in connection with its products and services throughout the cannabis markets, and that Defendant improperly infringed upon Plaintiff's trademark rights by using the name "HEXOCBD" without permission.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The parties settled and Defendant was permanently enjoined from using any form of the mark HEXO or a similar term. Defendant was also required to destroy any and all materials that referenced the term HEXOCBD and HEXO.
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