Trademark lawsuit abandoned against marijuana MSO Green Thumb

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Edible Arrangements officially ended its trademark lawsuit against marijuana multistate operator Green Thumb Industries.

Green Thumb, meanwhile, dropped its counterclaims against the Atlanta-based franchisor of stores selling gift bouquets made of fruit.

The companies agreed in a joint stipulation that Edible Arrangements’ claims would be dismissed with prejudice and Green Thumb’s counterclaims without prejudice, Law360 reported.

Without prejudice means the issue could be pursued in the future.

Green Thumb did not waive its rights to recover attorney fees and related costs, however.

The agreement came about three months after Edible Arrangements signaled its intention to drop its federal trademark infringement lawsuit against the Chicago-based MSO.

Edible Arrangements argued in its October 2020 claim that Green Thumb’s Incredibles brand of marijuana edibles infringed upon the company’s registered trademarks, which include “Edible” and “Incredible Edible.”

At the time, Edible Arrangements was planning to launch federally legal hemp-derived edibles products under the Incredibles name.

A spokesperson for Green Thumb told Law360 that “the term ‘edible’ has been a universally accepted, generic term for cannabis-infused products for decades.

“We’re pleased to put an end to this lawsuit, and we hope the court will recognize the meritless nature of Edible Arrangements’ claims in considering the motion for attorneys’ fees we intend to file.”