Hashish firms, for some purpose, appear to like intelligent names predicated on well-known manufacturers. (See e.g. Zkittlez and Skittles or Bloom and Cool). As a rule, these firms find yourself in hassle. (See Main Meals and Beverage Firms Name Out Marijuana Copycats). Though these firms might attempt a parody protection, it’s not really easy. On the heels of a Supreme Court docket argument in case involving the parody protection, TOYS R US has filed a federal lawsuit towards an unlicensed Brooklyn, New York hashish retailer ZAZA R US within the Japanese District of New York.
Unbeknownst to me, the time period “ZAZA” apparently is a colloquial time period that refers to high-grade strains of hashish. (I assume “weed” and “grass” is outdated). TOYS R US alleges that ZAZA R US operates at the very least two brick-and-mortar shops with at the very least one retailer displaying the allegedly infringing signage seen above. TOYS R US claims this can be a blatant and apparent bad-faith effort to commerce on the goodwill and fame of TOYS R US.
TOYS R US pleads the same old assortment of claims for trademark dilution, trademark infringement, false designation of origin, and unfair competitors below the federal Lanham Act, 15 U.S.C. § 1051 et seq., and New York state legislation. TOYS R US additionally seeks everlasting injunctive aid to cease ZAZA R US from utilizing TOYS R US’ mental property, in addition to a big award of damages that features disgorgement by ZAZA R US of any earnings, precise damages to Toys R US, a royalty fee by ZAZA R US, attorneys’ charges, and prices of swimsuit.
I think that no matter enjoyable ZAZA R US was having with its branding is over within the face of a military of significant mental property legal professionals. We’ll let what occurs!
For extra on hashish and mental property, see: