A trademark complaint filed by Wildseed Farms Inc. in the Western District of Texas on Thursday purported that a Texas cannabis company infringed its trademark. The defendants, Wildseed Hemp LLC and Texas Cannafarms LLC, were accused of using the Wildseed trademark, which was registered by the plaintiff, including via the wildseedhemp.com website domain.
The plaintiff explained that it has used the Wildseed mark in commerce for over 20 years and registered its trademark on Nov. 30, 2004, while the defendants began using the Wildseed mark in 2020. The company reportedly runs the “largest working wildflower farm” in the United States, which includes over 200 acres, produces various plant products, and has a venue providing trails through the wildflowers.
Wildseed Farms claimed that its trademark is used for family-friendly events and is designed to represent “non-controversial plant-based products.” Purportedly, the association with cannabis caused by the defendants’ use of the mark has been harmful to the plaintiff’s brand.
Wildseed Farms alleged that it has been injured by the defendants’ use of the trademark and that it will ”continue to suffer great and irreparable injury” if the use continues. Reportedly, the plaintiff gave Wildseed Hemp notice of the trademark infringement, but they continued their allegedly intentional violations.
According to the complaint, less than two weeks after the cease and desist letter, Wildseed Hemp’s managing partner formed Texas Cannafarms to distribute its Wildseed Hemp products.
Thursday’s complaint included claims of dilution, unfair competition, and trademark infringement, violating the Lanham Act and various Texas laws.
The plaintiff asked the court to issue a permanent injunction to stop the defendants from using its trademark and order the defendants to transfer the domain name to the plaintiff, provide data about sales made by the defendants using the mark, deliver or destroy materials with the Wildseed mark, give the plaintiff profits from use of the mark, and other damages and fees.
Wildseed Farms is represented by Dykema Gossett PLLC.