A Denver company that sells a line of CBD sports drinks is suing a Tennessee beverage company for copyright infringement, alleging the Nashville business is selling products with almost identical names as the Denver brand.
The June 26 lawsuit from Defy LLC filed in Colorado federal court says Defiance Brands, Inc. is selling a line of sports drinks called DEFY LIMITATION and DEFY LIMITATIONS.
Defy’s sports drinks are called DEFY and DEFY FOR THE ACTIVE LIFESTYLE.
“Through its significant investment, Defy has earned substantial goodwill and consumer recognition in the DEFY Marks for use in connection with nutrient-enriched beverages and related products,” Defy’s attorneys say in the lawsuit.
They add that Defiance Brands began selling their brand of beverages in question “years after Defy’s first use of its” products.
Hall of Fame Broncos running back Terrell Davis is one of Defy’s investors and founders. He also is a company spokesman.
The lawsuit seeks a court order for the Tennessee company to stop using Defy’s brand.
The filing comes after the U.S. Trademark Trial and Appeal Board rejected a trademark appeal from the Stanley Brothers for the mark “CW,” saying that cannabidiol in foods, drinks or dietary supplements violates federal law and is therefore ineligible for trademark protection.