Trademark Dispute Settled: Edible Arrangements and Green Thumb Industries Reach Agreement Over ‘Edible’ Cannabis
Products
In a significant development, the long-standing trademark lawsuit between Edible Arrangements and marijuana multistate
operator Green Thumb Industries has reached a resolution. The legal battle revolved around the use of the keyphrase
Edible” in Green Thumb’s Incredibles brand of marijuana edibles, which Edible Arrangements claimed infringed upon
their registered trademarks. However, after months of litigation, both companies have now decided to put an end to
the dispute.
According to Law360, Edible Arrangements has officially withdrawn its claims against Green Thumb Industries with
prejudice, while Green Thumb, in turn, has dropped its counterclaims against the Atlanta-based franchisor. It’s
important to note that “with prejudice” means Edible Arrangements cannot pursue the same issue again in the future,
but “without prejudice” leaves the door open for Green Thumb to revisit the matter if necessary.
The legal conflict initially arose in October 2020 when Edible Arrangements filed a federal trademark infringement
lawsuit against Green Thumb Industries, pointing out the potential confusion arising from their shared use of the term
“Edible” in the cannabis industry. Edible Arrangements was preparing to introduce hemp-derived edibles under the
Incredibles brand, leading to concerns about brand dilution and consumer perception.
A spokesperson for Green Thumb argued that the word “edible” has been commonly used as a generic term for
cannabis-infused products for many years. Despite this, Edible Arrangements remained steadfast in their pursuit to
protect their registered trademarks, which include “Edible” and “Incredible Edible.”
The settlement agreement comes as a relief to both parties, putting an end to the legal uncertainty surrounding the
use of the keyphrase “Edible” in the cannabis market. Although the lawsuit is over, Green Thumb has preserved its
rights to seek attorney fees and related costs, indicating their resolve to safeguard their position in the cannabis
industry.
As the dust settles on this trademark battle, the industry awaits with anticipation to see what lies ahead for
“Edible” cannabis products. The resolution may pave the way for clearer guidelines and distinctions within the
rapidly growing cannabis edibles market. With the dispute now behind them, both Edible Arrangements and Green Thumb
Industries can focus on their respective endeavors in this dynamic and evolving industry.
