Josh Kesselman's RAW Rolling Papers Win Critical Appeal

New York, New York--(Newsfile Corp. - May 1, 2024) - BBK Tobacco & Foods, the company behind RAW Rolling Papers, has achieved a notable legal victory in its trademark dispute with Central Coast Agriculture, Inc. (CCA). BBK was able to secure a win on crucial legal points brought forth in the dispute. The dispute centered around CCA's use of the name 'RAW GARDEN' for its cannabis products, which BBK claimed was an infringement on their trademark.

On April 1st 2024, the U.S. Ninth Circuit Court of Appeals issued an opinion that could be a landmark precedent within the landscape of trademark law in the cannabis industry. The appellate court's ruling sent BBK's claim against CCA back to the district court for a full trial, holding that there was sufficient evidence for a jury to find that 'RAW GARDEN' infringed BBK's RAW trademark. BBK's Founder Josh Kesselman stated, "For me, the most important thing is that smokers have the freedom to choose products based on their true merits and trust in strong established brand names rather than confusion. I'm just happy that this decision brings us one step closer to that result in this case."

In addition to this, the appeal court upheld the trial court's findings that RAW rolling papers cannot be classified as "drug paraphernalia," and also held that the trial court had jurisdiction to reject certain "intent to use" trademark applications filed by CCA with the U.S. Patent and Trademark Office (USPTO).

A spokesperson for BBK expressed the company's satisfaction with the appellate court's decisions, noting the significance of these rulings for the rolling paper industry. The court's rejection of the notion that rolling papers are "drug paraphernalia" and its affirmation of the invalidity of CCA's trademark applications mark a crucial victory for BBK.

RAW is an easily recognizable brand to many in the cannabis community

RAW is a recognizable brand to many people in the cannabis community. The spokesperson highlighted the importance of these decisions in protecting consumers from confusion and misleading practices associated with the unauthorized use of the RAW name.

BBK says it now looks forward to presenting its case to a jury for a definitive resolution. This legal battle marks a notable chapter in the ongoing efforts to define the boundaries of trademark law in the rapidly evolving cannabis industry. The outcome of this case could influence how trademarks are viewed and enforced in related sectors moving forward.

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