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Thursday, December 18, 2014 8:52:57 PM
D.T.R.'s report on the MJNA v Roen et al lawsuit reminded me I'd been meaning to see what if anything was happening in the Cannavest v Kannaway trademark suit. Not much actually, Cannavest filed a new amended complaint and Kannaway has till the 8th of next month to respond.
[Link to the Amended Complaint]
One point of note, Cannavest now asks that if the licensing agreement purportedly signed between HDDC (when they owned the trademark on "Cannabis Beauty Defined") and Kannaway is held to be valid, they seek damages from HDDC for "fraudulently concealing that agreement" from them.
Also of note, when identifying the defendants we see:
8. Upon information and belief, defendant General Hemp is the parent company of defendants Kannaway and HDDC, and all of these defendants are owned and/or controlled by Micheal Llamas, an individual.
Interesting if true, there has been debate about Llamas' role (if any) in General Hemp/Kannaway and now Cannavest claims his role is that of owner.
I think the biggest difference between the original complaint and the amended one can be summed up as either Kannaway has no legal right to use the contested trademark and therefor owe Cannavest money OR if they do have legal right to the mark and they still owe Cannavest money AND Llamas defrauded Cannavest and he owes them money (attorney fees and court costs).
We'll see how this all shakes out. I don't know what MJNA/Llamas did to piss off Cannavest/Roen but they sure seem motivated to make them pay for it.
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