SAN DIEGO – A food supplement distributor based in Hawaii alleges that a San Francisco-area company engaged in the sale of cannabis-containing confections is using a similar trademark.
Kiva Health Brands LLC filed a complaint on Sept. 26 in the U.S. District Court for the Southern District of California against Kiva Brands Inc. and Does 1-20 alleging trademark infringement and other counts.
According to the complaint, the plaintiff has used the Kiva mark since 2010. The plaintiff alleges the defendant's use of the mark is likely to confuse consumers.
The plaintiff holds Kiva Brands Inc. and Does 1-20 responsible because the defendants' unauthorized use of a confusingly similar mark as the plaintiff is allegedly likely to cause the plaintiff injury.
The plaintiff requests a trial by jury and seeks judgment against defendant for compensatory and exemplary damages, attorneys' fees, costs, interest and further relief as the court deems just. It is represented by Jon B. Miller and Scott A. Johnson of Miller Johnson Law in San Diego and Seth M. Reiss of Seth M. Reiss AAL ALLLC in Honolulu.
U.S. District Court for the Southern District of California case number 3:18-cv-02249