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Monday, June 15, 2020 12:10:34 PM
https://www.prnewswire.com/news-releases/aaxll-responds-to-trademark-lawsuit-regarding-charlottes-web-strain-301074623.html
In its numerous counterclaims, AAXLL alleges CWI engaged in false advertising, unfair business practices in violation of the California Business & Professional Code, and improper registration of state trademarks in California and Colorado. AAXLL seeks damages, attorney's fees, cancellation of CWI's state registered trademarks, and declaratory relief. AAXLL's filing vigorously disputes CWI's central allegation that Charlotte's Web is not the name of a strain of hemp. AAXLL filings catalogues a tremendous body of published works, not to mention repeated admissions by CWI over the years, cementing the public's and the industry's understanding that "Charlotte's Web" is a strain. AAXLL CEO Joseph Maskell notes that CWI itself referred to "the Charlotte's Web strain" in its own 2019 public offering documents.
Maskell also states, "U.S. federal trademark law already dictates that cultivar or strain names are generic from the get-go, so the Charlotte's Web name of the strain was never protected as a trademark. CWI cannot prevent the rest of the world from referring to Charlotte's Web as a strain of hemp any more than a French winery could prevent the world from referring to Chardonnay as a varietal name of grapes."
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