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Cannabis concern refuses to high-five competitor planning on using a similar name

A company that sells cannabis-infused seltzers and gummies under the name Hi5 is suing another company that plans to open a cannabis dispensary in West Roxbury called HiFive.

In a suit filed yesterday in Suffolk Superior Court, Theory Wellness of Stoneham (yes, Stoneham) says Beacon Compassion, based in Post Office Square, must be stoned if it doesn't think the two names will confuse consumers and that High5 was there first, and so is asking a judge to order Beacon Compassion to find some other dank name for its proposed dispensaries.

Theory Wellness, which is hoping to open its own dispensary in Medford by year's end and to extend its Hi5 line to sales across the country beyond its current markets in Massachusetts and Maine, says it first began using the Hi5 trademark on Feb. 24, 2021. It claims that Beacon Compassion, a subsidiary of Battle Green IP of Wilmington, DE, only first announced a name change for its still unopened stores in an Instagram post on Dec. 16, 2021.

Beacon Compassion originally won a license to open a basement medical-use dispensary under that name at 1524 VFW Parkway - the heart of West Roxbury's fun zone of fast food, ciggies, beer and porn just past the Dedham line - but is now looking to convert that into a full-service "adult use" dispensary at ground level. The firm is also planning dispensaries in Framingham and New Bedford.

Theory Wellness alleges:

Defendants' goods and services overlap and directly compete with the goods and services offered by Theory Wellness, especially considering both are in the cannabis space and provided in the Commonwealth of Massachusetts.

The HI5 and HIFIVE marks are confusingly similar in terms of appearance, sound and overall commercial impression.

The lawsuit says Theory Wellness's attorney wrote Beacon Compassion on Dec. 23, asking them to stop that, but that Beacon Compassion wrote back to say, in essence, nah, bud. On Feb. 3 of this year, Theory Wellness repeated the demand.

To be blunt, Theory Wellness says that in addition to the inevitable confusion the similar names would cause, the company, which specializes in small-batch, artisanal marijuana varieties, would have to worry about the damage to its reputation when consumers blame it for whatever stuff Beacon Compassion uses in its wares:

Any dissatisfaction with Defendants' goods or services will reflect upon and irreparably damage the reputation of Theory Wellness as embodied in its HI5 mark, and constitutes an infringement of Theory Wellness's rights, subjecting Defendants to liability under the Massachusetts State Trademark Act and common law.

Theory Wellness is asking a judge to order Beacon Compassion to immediately stop using the Hi5 name and pay Theory Wellness damages times three.

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PDF icon Complete complaint467.56 KB

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Comments

I'd be curious what the five has to do with cannibas the high makes sense of course. I ask because I did a search and this name came up over and over again. If they are looking to expand nationally they may want to find a name that isn't so widely used across the country in relation to weed.

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It’s actually a good name, as many edibles such as gummies take a long time to activate, which can lead to people consuming too many.

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Oh that makes sense for the drinks then. It doesn't explain the dispensary though.

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I wonder if legal weed is in the same spot as craft brew 10 years ago where every logo had to feature some cutesy hop imagery, least people forget what was in the brew.

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Magoo smoked a huge hizzoint for the first time in many many many moons. Magoo is so out of Magoo’s mind right now Magoo can even stands it. Magoo is … almost. … no….. can’t … reveal secret…. Identity. Magoo needs to get some snacks. Magoo had major munchies. What. Magoo. Magoo.

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They sell the same thing and this introduces confusion to their brand.

Not like they are suing someone for HighFive seltzer or other unrelated product.

Adam gets a high five for the chronic punning.

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rather blunt, but in a good way.

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that either of them was first.

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Beacon Compassion originally won a license to open a basement medical-use dispensary under that name at 1524 VFW Parkway - the heart of West Roxbury's fun zone of fast food, ciggies, beer and porn just past the Dedham line - but is now looking to convert that into a full-service "adult use" dispensary at ground level.

Maybe the 36 bus will finally have a regular stop near there again.

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Reminds me of the California case where both Mr. Donut and Mister Donut expanded into the state at the same time, and each sued the other over the 'same name'.

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that's a donut

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