Athletic gear giant Nike (NYSE: NKE), whose trademark phrase is “Just Do It,” filed a challenge against a Texas hemp farmer’s application to trademark the phrase “Just Hemp It.”
The Oregon-based sports company owns the rights granted via federal registrations and common law rights for “JUST DO IT.” In the opposition filed last week, Nike noted that it has successfully sued many other companies for trying to use some version of the Just Do It phrase.
Texas-based Revive Farming Technologies filed its application for JUST HEMP IT on Dec. 16, 2019, and provided a laundry list of ways the company wants to use the phrase. The items included hemp paper products, clothing, ashtrays, boxes, vape cartridges, and various form factors of hemp.
But Nike isn’t having it. “JUST DO IT Mark, which has been in use in commerce for more than thirty years, and registered for more than twenty-five years, is famous within the meaning of Lanham Act Section 43(c), 15 USC § 1125(c),” the company wrote in its opposition filing, adding that allowing the Texas hemp company to use the phrase will create confusion.
Nike asked the Patent and Trademark Office and Trademark Trial and Appeal Board to deny the application by Revive Farming.
Revive Farming Technologies, based in Henrietta, Texas, already uses the “Just Hemp It” phrase on its website, with a mark indicating it as being trademarked.
The company sells various CBD products on the website Revive20. The site also suggests that CBD can address a variety of ailments using language that has run afoul of the FDA, which has written numerous letters about companies making medical claims for CBD products.
Revive also makes cherry wine products, which is a specific strain of CBD. The page for the cherry wine products says, “We grow and harvest both cherry wine buds and biomass to bring our customers the best solutions for their needs. Produced without chemicals or pesticides, these products are thought to have broad-ranging benefits and may:
- Help prevent diabetes
- Reduce acne
- Reduce anxiety & depression
- Benefit heart health
- Alleviate cancer-related symptoms
- Provide antipsychotic effects
- Have neuroprotective properties
- Relieve pain
Considering how many cases Nike has won over using phrases similar to Just Do It, it seems that Revive Farming will likely lose its case too.