Growcentia sues Dutch firm in copyright spat 

FORT COLLINS — Growcentia Inc., a Fort Collins-based soil-enhancement manufacturer that serves cannabis growers, is suing a Dutch firm that disputes Growcentia’s right to use the “Canncontrol” branding for a new fungicide product line. 

Jemie B.V., the Dutch firm that operates several cannabis fertilizer brands, “purports to own several CANNA and “CANNAformative” trademarks for goods and services in the cannabis field, sent Growcentia a letter demanding that it abandon its pending Canncontrol trademark application, and forever refrain from using that name in the field of plant cultivation,” according to Growcentia’s complaint filed last week in U.S. District Court in Denver. 

“Jemie’s assertions of exclusive and expansive rights in the word ‘canna’ — which is simply a shortened reference to cannabis and ubiquitous throughout the cannabis industry — is akin to an entity claiming exclusive and expansive rights in the term “auto” throughout the automotive industry,” the suit claims.

Growcentia is asking a court to declare that the firm’s branding doesn’t infringe on Jemie’s trademark rights. 

Jemie has registered the “CANNA” mark with the U.S. Patent and Trademark Office, according to the office’s database. 

The firm also registered for marks using marijuana-related words such as “Cashcrop” and “Cannacrop,” however those trademarks were cancelled several years ago.

Jemie B.V.  has a website that lists a Netherlands address, phone number and email contact, but nothing else. An email sent to the address listed went unreturned Monday.

Jemie claims Growcentia’s use of “Canncontrol” will cause confusion for customers, an allegation that Grocentia’s disputes.

Growcentia attorneys say “ there is no meaningful overlap between Growcentia’s Canncontrol for pesticides/fungicides and Jemie’s CANNA or CANNA-formative marks for nutritional supplements or growth stimulators that would lead to consumer confusion,” according to the complaint. “… This absence of potential confusion is underscored by the fact that Growcentia has been using the Canncontrol mark for months without a single known instance of confusion.”

The Fort Collins company filed an intent-to-use trademark application for “Canncontrol” in February. Jemie’s demand that Growcentia abandon that application occurred in July.

“Not only has Jemie advised that it has taken action on multiple occasions against alleged infringers, it has notified Growcentia that if it fails to agree to Jemie’s demand of ceasing future use of the mark, it reserves the right to take action without further notice,” Growcentia’s complaint said. 

In addition to a declaration that Growcentia is not infringing on Jemie’s mark, the suit asks for whatever further relief the court deems appropriate.

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