DC Comics Claims CannaShield CBD Oil is Tarnishing its Reputation

Maybe something else green is truly Superman’s kryptonite. DC Comics has opposed the trademark registration of the CannaShield diamond logo claiming it looks too similar to its Superman trademark and products derived from cannabis tarnish its reputation and goodwill.

The CannShield logo in use from cannashieldcbd.com

Lolco LLC is an Oregon-based company that distributes CBD oils. CBD oils have a trace amount of THC, the active chemical located in marijuana. While marijuana is not universally legal throughout the United States, CBD is and is sold in many stores and on websites. Lolco LLC distributes its product known as CannaShield which uses the logo that can be seen to the right in the image from the company’s website.

In June 2017, Lolco filed a trademark registration application to register its logo as a trademark. Last week, DC Comics opposed the issuance of the mark claiming that the CannaShield logo is confusingly similar to the famous Superman logo. Lolco in no way references Superman on its products but they do have a similar diamond shaped logo. Further, DC Comics claims that since Lolco’s mark will be used in connection with “goods containing Cannabidiol, a drug derived from the cannabis plant. Accordingly, Applicant’s use of Applicant’s Mark will tarnish the hard-earned reputation and goodwill built up in Opposer’s Marks.” Interesting position for DC Comics to take there.

This is a real rough call. Most people when they see that diamond logo automatically associate it with Superman and DC Comics but, then again, it is just a diamond shape.  Lolco used one of those dinky trademark services to file the mark and now time to hire a real lawyer if they want to fight this one. This would be an interesting battle if it moves forward and we will keep it monitored.