Cannabis company to face ‘Kool’ menthol dilution claims

Cannabis company Capna has failed to convince a California district court judge to dismiss a trademark suit alleging it infringed a tobacco company’s cigarette marks.

Capna moved  a motion to dismiss the trademark dilution claim brought by ITG Brands, the owners of the ‘Kool’ menthol cigarette brand first launched in 1933.

ITG alleged that the interlocking ‘OOs’ in its logo and stylised marks are a “central part of the cool marks”, and that Capna has tarnished its reputation with its use of interlocking OOs in its ‘Bloom’ cannabis products.