Exclusive Brands owes Battery Company—its former business partner—more than $2 million from the manufacture and sale of cannabis products branded with Battery’s trademarks (Claw Cannabis). This amount includes approximately $638,000 (at least) in unpaid royalties owed under a Trademark License Agreement for the use of Battery’s trademarks, and over $640,000 for invoiced goods, including raw materials and hardware that Exclusive ordered and used but never paid for. Battery also requires the immediate return of a commercial-grade distillation machine that Battery bought and paid for—and that Judge LaFlamme has ordered Exclusive Brands (who is holding it hostage) to keep completely untouched—valued at approximately $200,000. None of this is to mention Exclusive’s continued infringement of Battery’s trademarks by its continued use of the marks, its repurposing of Battery’s raw materials and hardware for use in competing products, the treble damages that it owes to Battery, or its repeated attempts to further its own competing brands and products ahead of Battery’s.
Exclusive has repeatedly manufactured arguments in this lawsuit trying to somehow pin its own intentional foot-dragging and self-promotion tactics on Battery. Exclusive’s evasive conduct in discovery is a simple attempt to sustain its invented arguments as long as possible. Throughout this dispute, Exclusive’s goals and go-to tactics have been distraction, diversion, and delay. That has been the case in all phases, including discovery. Exclusive has refused to produce any of its witnesses for deposition, citing numerous excuses over the course of the past four months. Exclusive Brands owns Terpene Tanks, Kushy Punch Michigan and Magic Edibles. As Cannabis consumers, we should expect no less than to deal with good people. However, there are bad apples.
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