Cannabis Company Sheds Counterclaims Over ‘Cake’ Mark, For Now

A California-based cannabis business was granted dismissal of a competitor’s unfair competition counterclaims over the use of its trademark, but a federal judge left the counterclaimant a window to amend and replead its claims.

AK Futures LLC was granted dismissal of counterclaims brought under state statutory and common law unfair competition laws by a competitor, TBH Supply LLC, over the use of TBH’s “Cake She Hits Different” trademark. AK Futures had sued TBH and a handful of other companies, alleging they willfully infringed its Cake brand of hemp derivative Delta-8 products. In a slapback, TBH alleged AKF is treading on ...