We’ve seen a steady stream of trademark litigation in the cannabis space for quite some time now, and it’s as good a time as any to remind our readers that parody is not a defense to trademark infringement.
In its complaint filed Monday, Plaintiffs Big Beverage, Inc. and Happy Hour Drinks Company, Inc. dba Happy Hour, two companies based in Los Angeles, allege that Defendant Happi Co. infringed their three registered trademarks when it began selling its cannabis-infused fruit flavored sparkling water bearing a “IT’S HAPPI HOUR” label. Big Beverage owns three registered trademarks for wine, distilled spirits, and beer. Plaintiffs note their various products also read HAPPY HOUR on their products, and that they’ve used those marks since 2013.
Plaintiffs allege that in August 2021, Happy Hour’s co-packing partner alerted them to the infringing conduct. Plaintiffs investigated, and found that Defendant had obtained rights to the domain name www.happihourdrink.com in February 2021. While it seemed like Happi intended to respond after receiving Plaintiffs’ initial demand letter, it has failed to substantively respond for over one month now.
The complaint demands injunctive relief restraining Defendant from selling the infringing products, an award of all Defendant’s profits from the sales of