Coral Reefer, or, White Castles in Paradise

I’ve written about Florida MMTC licensee Surterra and its branding in the past.  Since that time, it looks like Surterra is no longer using MYAKKA GOLD, and, Surterra has recently announced a licensing deal with Jimmy Buffet and his Margaritaville empire.

The new deal will have Surterra selling CORAL REEFER-branded cannabis products.  (For non-parrotheads, CORAL REEFER BAND also happens to to be the name of Jimmy Buffet’s band.)

While the deal was just announced on September 11, 2018, trademark filings at the USPTO from May 2018 hinted at the new brand:

Each of the above trademark applications was filed on May 3, 2018 as an “intent to use” application.  Starting with the first application, the goods are:

  1. Class 35: Providing an online business directory featuring information on physicians and health care providers; Retail store services featuring a wide array of merchandise in the nature of novelty items, souvenirs, clothing, headwear, books, recordings, beverage ware, and printed material
  2. Class 25: Bandanas; Belts; Dresses; Footwear; Gloves; Headwear; Hosiery; Jackets; Loungewear; Mittens; Neckties; Pants; Scarves; Shirts; Shorts; Skirts; Sleepwear; Socks; Sweaters; Sweatshirts; Swimwear; Underwear
  3. Class 41: Smoking lounge services
  4. Class 44: Providing a website featuring health information in the field of medical marijuana and cannabis; Providing a website featuring information concerning cannabidiol (CBD) and tetrahydrocannabinol (THC); Wellness and health-related consulting services
  5. Class 10: Electronic vaporizer pen for medical purposes sold empty
  6. Class 5: Herbal tinctures for medical purposes; medicated oils; medicated oral sprays; medicated creams and lotions

Of course, as readers of this blog know, the applicant, Coral Reefer, LLC, may have some trouble registering at least the Class 5 and Class 10 goods depending on the luck-of-the-draw with the USPTO Examining Attorney.

In any event, this may be the first “celebrity brand” license deal for cannabis in Florida, joining the likes of Snoop Dogg, Willie Nelson, Merle Haggard, and Bob Marley, each of whom has licensed cannabis products in other states.

Interesting side notes:

1) The applications were assigned after being filed, which is a little unusual/risky for intent-to-use applications depending on who the assignee is and its relationship to the assignor.  Fortunately, language in the assignment, which you can see HEREsuggests that the risk might not be present in this case because the assignment claims that Coral Reefer, LLC, as assignee, is the owner of an ongoing and existing business and successor of the assignor.

2) In reviewing the assignment, not only did Margaritaville Enterprises assign the CORAL REEFER marks to Coral Reefer, LLC, but it also assigned a bunch of “IT’S 4:20 SOMEWHERE” marks, which were also filed on May 3, 2018 for similar goods and services.

 

 

 

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