Nike challenges trademark Hemp Company slogan “Just Hemp It.”

Nike is one of the largest footwear and sporting goods companies in the world, known for its well-known slogan “Just Do It”. The company recently filed a trademark complaint on Jan. 18 against a Texas-based CBD company called Revive Farming Technologies, which applied to use the “Just Hemp It” trademark on Dec. 16, 2019.

“JUST DO IT … having been used commercially for more than 30 years and registered for more than 25 years is famous under Lanham Act Section 43(c), 15 USC § 1125(c),” Nike stated. It is asking the Patent and Trademark Office and the Trademark Trial and Appeal Board to oppose Revive’s attempt to trademark the phrase “Just Hemp It.”

Nike argues that it holds multiple trademark registrations for the “Just Do It” brand, which it describes as “widely recognized and famous” and that Revive should not be allowed to trademark “Just Hemp It” as it would lead to Confusion and occasion would result in injury and damage to Nike.

According to the Green Market Report (GMR), Revive already uses the phrase on its website, followed by a branded symbol. GMR also states that the site contains language making unauthorized medical claims about CBD.

Nike’s “Just Do It” campaign was first created in 1988 by the late Dan Wieden, who successfully launched other slogan campaigns for companies such as Old Spice, Procter and Gamble, and Coca Cola. Apparently, Wieden said that “Just Do It” was inspired by the last words of a death row inmate saying before his execution, “You know, let’s do it.”

Nike has had successful trademark complaints in the past against other companies that attempted to use variations of “Just Do It”. In 1992, Nike sued a company called Just Did It, which also sold sports equipment, for trademark infringement. In 2020, Nike went after a company for using “Just Believe It.” Also recently, a small business owner who opened a succulent shop called JustSuccIt in 2020 was contacted by Nike over trademark infringement.

This wasn’t an uncommon trend in the cannabis industry either. In August 2017, the glue company known as Gorilla Glue sued Gorilla Glue Strains in court. The results meant that strains known as Gorilla Glue #1 or Gorilla Glue #4 would be designated GG1 or GG4.

In February 2018, The Hershey Co. began suing cannabis companies for copyright infringement, targeting both Oakland-based Harborside Dispensary and a California edibles company called Good Girl Cannabis Co. for selling items with similar Hershey product branding .

UPS targeted cannabis delivery services using its acronym, such as United Pot Smokers, UPS420, and THCPlant, in February 2019.

Later in August 2019, Sour Patch Kids targeted illegal cannabis products like Stoney Patch for also infringing on the trademark. Cinnabon acquired a vape company for the sale of a branded e-liquid in October 2019, just a month before the Centers for Disease Control and Prevention found in November 2019 that vaping-related lung injuries were caused by vitamin E acetate.

More recently, in August 2022, Mars Wrigley won a lawsuit against cannabis companies that used the logo’s font and colors to sell illegal edibles. “I have placed significant emphasis on the issue of harm, not only to the plaintiff, but also to members of the public who might inadvertently consume the defendant’s infringing product because they believe it to be a genuine SKITTLES product. The fact that SKITTLES is a confectionery product that is attractive to children reinforces the need to denounce the defendants’ conduct,” Justice Patrick Gleeson said in his decision.