Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1118358
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`Filing date:
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`03/04/2021
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`92071109
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Defendant
`Majik Medecine, LLC
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`BLYNN L SHIDELER
`THE BLK LAW GROUP
`3500 BROOKTREE ROAD, SUITE 200
`WEXFORD, PA 15090
`UNITED STATES
`Primary Email: blynn@blkLawGroup.com
`724-934-5450
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`Motion to Compel Discovery or Disclosure
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`Blynn Shideler
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`Blynn@BLKLawGroup.com
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`/Blynn L. Shideler/
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`03/04/2021
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`MotiontoCompelJanuary2021.pdf(83455 bytes )
`EXHIBITFirstRequestforDiscoveryJanuary22FINAL2021.pdf(141643 bytes )
`EXHIBITInitialDisclosurePetitioner.pdf(14250 bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`CBDMD, LLC
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`Plaintiff/Petitioner
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`-v-
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`Majik Medecine, LLC,
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`Defendant/ Registrant
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`Cancellation Proceeding # 92071109
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`Registration # 5173264
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`MOTION TO COMPEL DISCOVERY
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`This filing is a motion pursuant to 37 C.F.R. 2.120(f)(1), with integrated brief, to
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`compel Petitioner CBD Industries LLC (Previously CBDMD, LLC) to respond to
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`Registrants interrogatories and request for production of documents contained in the
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`“Registrant’s first request for Admissions, set of Interrogatories and Request for
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`production of documents directed to Petitioner CBDMD, LLC” (hereinafter
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`Registrant’s First Request attached hereto as an exhibit) which was properly properly
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`served upon counsel for Petitioner on January 22, 2021. This filing does not address the
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`Request for Admissions contained in the Registrant’s First Request, which are deemed
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`admitted by operation of law pursuant to Fed. R. Civ. P. 36(a)(3).
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`CONCURRENT FILINGS
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`Concurrent with this Motion to Compel Discovery the Registrant is filing i)
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`Registrants Opposition to Petitioner’s Motion to Stay Proceeding Pending Outcome of
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`Civil Action and ii) a Motion for Summary Judgement. These concurrent filings are
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`1 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`interrelated and are separated in accordance with the guidance of TBMP 502.02(b),
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`although the background below is generally repeated verbatim in all these filings.
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`BACKGROUND
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`This action remains a blatant attempt of a multimillion dollar corporation, now
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`known as cbdMD, Inc (the managing member of the Petitioner1) to usurp the legitimate
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`prior trademark rights of a smaller competitor.
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`The Petitioner was formed November 26, 2018 by Level Brands, Inc after Level
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`Brands, Inc. was advised to cease and desist from using marks confusing similar to the
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`Registrant’s mark, CBD MD.2 The Petitioner’s very name, CBDMD, LLC (now CBD
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`Industries LLC), was selected to unfairly usurp the rights of the Registrant and in violation
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`of federal and state unfair competition laws. The name of the managing member of
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`Petitioner was changed from Level Brands, Inc. to cbdMD, Inc in the spring of 20193 to
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`unfairly usurp the rights of the Registrant and in violation of federal and state unfair
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`competition laws and further at a time well after it was formally advised to cease and
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`desist from using marks confusing similar to the Registrant’s mark CBD MD and.
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`The Petitioner filed this cancellation proceeding in bad faith to drive up the legal
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`fees of the Registrant. Marty Sumachrist, chairman of the Board of Directors and CoCEO
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`of cbdMD, Inc., made this strategy clear when he sent a text message to a member of
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`Registrant stating “I hope your shareholders like to write checks to lawyers.”4 The initial
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`1 Admission No.3 of Registrant’s First Request
`2Admission No.2 of Registrant’s First Request
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`3 Admission No. 11 of Registrant’s First Request
`4 Admission Nos. 77-78 of Registrant’s First Request
`2 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`pleadings of the Petitioner were so deficient that the Board noted in the Order of
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`December 30, 2019 (paper #13 – Granting Defendant’s motion to dismiss on 7 of 9
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`grounds and denying the motion on two remaining grounds) that the “abundance of
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`deficiencies in the pleadings appears to demonstrate a lack of reasonable inquiry into the
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`subject matter.”
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`The Plaintiff filed a Corrected Amended Complaint which in paragraphs 61-63
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`baselessly asserted that that the “phrase CBD MD is a commonly used descriptive phrase
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`that connotes information on products which include CBD as an ingredient” (Emphasis
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`Added). The Petitioner concludes therein that the “CBD MD mark is incapable of
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`distinguishing the goods of [Registrant] from the goods of others and therefore cannot
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`function as a trademark and an indicator of source.” The Petitioner had, and still has, no
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`basis to support this assertion which was raised in bad faith solely to harass the
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`Defendant and increase their costs in defending this baseless claim.
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`The Defendants sought to engage in a discovery conference, in which, in
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`accordance with Fed. R. Civ. P. 26(f)(2), “the parties must consider the nature and basis
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`of their claims.” The Plaintiff further evidenced their bad faith filing of this case and their
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`complete disinterest in prosecuting the merits of this action when for several months
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`through November 16, 2020 they failed to cooperate with the Defendant to even schedule
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`the required Discovery Conference. Pursuant to 37 C.F.R. § 2.120(h)(1) the Defendant
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`filed a Motion for Sanctions on November 16, 2020 against Plaintiff for its failure to
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`participate in the required Discovery Conference.
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`3 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`The Plaintiff’s counsel contacted the undersigned only after the filing of the Motion
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`for Sanctions. The Parties then hastily conducted an extremely brief Discovery
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`Conference, that the undersigned considers so brief and unavailing as not believed to be
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`within the spirit or meaning of the rules. In the Discovery Conference when discussing
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`the cancellation grounds that the “CBD MD mark is incapable of distinguishing the goods
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`of [Registrant] from the goods of others and therefore cannot function as a trademark and
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`an indicator of source” because “phrase CBD MD is a commonly used descriptive phrase
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`that connotes information on products which include CBD as an ingredient,” the Plaintiff’s
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`counsel would provide the undersigned no details or hint of supporting material.
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`The Order of January 8, 2021 (Paper 30) set a deadline for the Parties’ Initial
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`Disclosures to be due on January 11, 2021. On Monday January 11, 2021 the Registrant
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`sent their initial disclosure to the Petitioner. On this court set deadline, the Plaintiff again
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`evidenced their bad faith filing of this case and their complete disinterest in prosecuting
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`the merits of this action when they made no disclosures to the Registrant and did not
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`contact the undersigned on or prior to this deadline regarding this submission.
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` On Wednesday January 22, 2021 The Registrant served the Registrant’s First
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`Request upon Petitioner’s counsel, which included requesting the identification and
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`submission (Or making the materials available for inspection) of the materials that could
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`form the Plaintiff’s initial disclosures. The Plaintiff was required to file a response to
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`these discovery requests ON OR BEFORE February 22, 2021. The Plaintiff again
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`evidenced their bad faith filing of this case and their complete disinterest in prosecuting
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`the merits of this action when they made no disclosures to the Registrant and did not
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`contact the undersigned on or prior to this deadline regarding this submission.
`4 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`The Registrant timely filed, on January 25, 2021, a motion to compel the omitted
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`Initial Disclosures within 30 days of the Petitioner’s failure to file their Initial Disclosures
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`(due on January 11, 2021) (Paper 31). In the Board’s order of February 1, 2021, the Board
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`reiterated that the “deadline for service of initial disclosures was January 11, 2021” adding
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`that the Petitioner must submit such disclosures “by February 8, 2021 in an absence of
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`consent for an extension or suspension from Respondent. The Board hesitates to remind
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`Petitioner that it brought this cancellation proceeding in the first instance and that it was
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`filed on April 16, 2019, over 21 months ago. Petitioner carries the burden of moving
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`forward in a timely manner on the proceeding schedule.” (Emphasis added).
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`The Petitioner submitted what purports to be the Petitioners Initial Disclosure on
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`Friday February 5, 2021, a copy of which is attached hereto. Allegedly complying with
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`the requirement that the party provide “a description by category and location” “of all
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`documents, electronically stored information, and tangible things that the disclosing party
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`has in its possession, custody, or control and may use to support its claims or defenses,”
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`the Petitioner noted that the following category of “documents are located at the office of
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`Petitioner or its counsel in this proceeding”: “(1) Petitioner’s business operations, (2)
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`Petitioner’s use of cbdMD as a mark, (2) Registrants’ business and use of CBD MD as a
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`mark, and (4) regulatory actions and position taken by federal and state offices or
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`agencies.”
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`As set forth in TBMP 401.02 “the Board encourages parties to actually exchange
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`copies of disclosed documents rather than to merely identify their location.” Contrary to
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`this suggestion, the Petitioner here further evidenced their bad faith prosecution of this
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`case with their clear intention of not supplying any of the alleged documents listed in the
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`5 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`purported Petitioner’s Initial Disclosures. The Petitioner disingenuously suggests in the
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`Initial Disclosure that “Petitioner will produce such information as required subject to an
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`appropriate protective order entered by the Board.” The Petitioner is likely aware a
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`protective order has already been entered in this case. Further there was no effort made
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`by the Petitioner to propose a protective order or a modification of the existing one.
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`In response to the Petitioner’s Initial Disclosures the undersigned sent email
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`correspondence to the Petitioner’s counsel on Saturday February 6, 2021 that said, in its
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`entirety:
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` Thank you for the Initial Disclosures.
` It would seem that a mutually agreeable and signed Protective
`Order Or Modification to Protective Order may be required or desired
`shortly – would you like to propose one?
` When and where can we review the documents identified in
`your initial disclosure? Can we set up some timing for this review – I
`believe this is imperative to move forward with quickly.
` I believe our Depositions would likely begin with Martin
`Sumichrast, Scott Coffman and Dr. Sibyl Swift, after responses to
`outstanding discovery, of course. Please advise of desired format in this
`COVID world, and I am sure we can accommodate reasonable requests,
`and advise of general timing and availability.
` I believe that we should discuss general timing in this case.
`Outside of this case I would strongly urge your client to contact my client
`directly before this proceeding moves on and potentially damages the
`trademark rights of your client (possibly my client’s rights as well but I feel
`your client is less concerned about that).”
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`In response to the inquiry of February 6, 2021, the Petitioner did not propose a
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`signed protective order, or modifications to the existing protective order, nor allow for a
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`review of the purported documents, nor discuss the format of depositions, nor discuss the
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`timing of this case. It is clear the Petitioner had no intentions of complying with basic
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`discovery rules in this tribunal and had no intentions of prosecuting this matter in any
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`6 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`substantive manner. This entire action was entered in bad faith and the Petitioner has
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`consistently ignored the rules of this tribunal throughout this proceeding.
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`The Plaintiff again evidenced their bad faith filing of this case and their complete
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`disinterest in prosecuting the merits of this action in this tribunal that they selected when
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`on February 12, 2021, the petitioner commenced a civil action (3:21-cv-69) in the U.S.
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`District Court of the Western District of North Carolina that included a request for
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`cancellation of the subject mark, together with other claims.
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`Also on February 12, 2021 the Petitioner filed with this tribunal Petitioner’s Motion
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`to Stay Proceeding Pending Outcome of Civil Action (paper No. 33) as a way to whitewash
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`and dismiss their bad faith filing of this action and their complete failure to comply with
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`the rules of this tribunal or prosecute the merits of this action. It is relevant here to note
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`that a stay or suspension of a Board proceeding pending the final determination of another
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`proceeding is solely within the discretion of the Board; the court in which a civil action is
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`pending has no power to suspend proceedings in a case before the Board, nor do parties
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`or their attorneys. [See Opticians Association of America v. Independent Opticians of
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`America Inc., 734 F. Supp. 1171, 14 USPQ2d 2021 (D.N.J. 1990) (district court has no
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`control over Board docket and no power to stay Board proceedings), rev’d on other
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`grounds, 920 F.2d 187, 17 USPQ2d 1117 (3d Cir. 1990); Martin Beverage Co. v. Colita
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`Beverage Corp., 169 USPQ 568, 570 (TTAB 1971).]
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`REQUEST:
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`In regards to the motion to suspend (Petitioner’s Motion to Stay Proceeding
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`Pending Outcome of Civil Action), the Registrant agrees that the civil action 3:21-cv-69
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`7 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`will involve other matters outside Board jurisdiction and will consider broader issues
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`beyond merely the right to registration. Judicial economy, however, is best served by first
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`an evaluation of the concurrently filed Motion for Summary Judgement based upon the
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`evidence in this case prior to consideration of the Petitioner’s motion to stay or suspend.
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`The Motion for Summary Judgement can, if granted in its entirety, make both the
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`Petitioner’s motion for suspension and the present motion to compel moot, as this Petition
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`would be dismissed. Such a dismissal would assist the advancement of civil action 3:21-
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`cv-69 as it would resolve some of the main issues in that case and not require a two year
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`and significant monetary delay to reach a point on these issues that the current
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`proceeding already has reached. Further even only a partial granting of the Motion for
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`Summary Judgement can simplify the issues remaining in this case (if and when
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`resumed) as well as the associated civil action 3:21-cv-69. Judicial economy is even
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`served in the, hopefully unlikely, event that the Board was to consider and deny the
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`Motion for Summary Judgement as the Board’s guidance in such rulings would be
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`useful for both the Parties in this litigation and the court in civil action 3:21-cv-69.
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`Registrant therefore requests that the Board consider the concurrently filed
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`Motion for Summary Judgement prior to acting upon this Motion to Compel
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`Discovery.
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`Consideration of and granting of this Motion to Compel Discovery, if it is not
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`rendered moot with a granting of the Motion for Summary Judgement, greatly advances
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`judicial economy in both this proceeding and the associated civil action 3:21-cv-69.
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`Obviously the past due discovery is needed for this proceedings, should they resume,
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`and clearly also for the same issues in the associated civil action 3:21-cv-69. Further, not
`8 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`granting this motion to compel BEFORE suspension of these proceedings is effectively
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`allowing the Petitioner and his counsel to suspend the case on their own volition and
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`allowing them to selectively determine what rules of evidence and civil procedure with
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`which they choose to comply.
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`As noted above the Plaintiff was required to file a responses to the Registrant’s
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`First Request, which were properly served on the Plaintiff, ON OR BEFORE February
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`22, 2021. The Plaintiff made no disclosures to the Registrant and did not contact the
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`undersigned on or prior to this deadline regarding this submission. This Motion to
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`Compel Discovery is being timely filed within 30 days of the failed disclosure.
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`Thus, if the Board denies the Motion for Summary Judgement in whole or in part
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`such that this proceeding continues, or if the Board regrettably elects not to decide the
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`Summary Judgement Motion, then this motion is not moot and it is respectfully
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`requested that the Board consider and rule on this motion to compel before acting upon
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`or granting the petitioner’s motion to suspend or stay this proceeding and the Defendant
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`requests an order that:
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`1. Orders
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`the Plaintiff
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`to provide appropriate written responses
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`to
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`the
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`Interrogatories and request for production of documents contained in the
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`Registrant’s first request for Admissions, set of Interrogatories and
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`Request for production of documents directed to Petitioner CBDMD, LLC
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`prior to the suspension of this case.
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`2. Further if the responses the request for production of documents does not
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`include copies of the relevant documents then the Plaintiff is further ordered to
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`9 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`make arrangements for the Defendant to inspect the documents prior to the
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`suspension of this case.
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`Respectfully Submitted:
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`___/Blynn L. Shideler/__
`
`Blynn L. Shideler
`Attorney for the Applicants
`Registration No. 35,034
`3500 Brooktree Road Suite 200
`Wexford Pa 15090
`Blynn@BLKLawGroup.com
`Telephone: (724) 934-5450
`Facsimile: (724) 934-5461
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`10 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`CBDMD,LLC
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`Plaintiff/Petitioner
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`-v-
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`Cancellation Proceeding # 92071109
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`Registration # 5173264
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`Majik Medecine, LLC,
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`Registrant.
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`Certificate of Service
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`I, Blynn L. Shideler, hereby certify that on the 4th day of March, 2021, a true and correct
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`copy of the foregoing MOTION TO COMPEL DISCOVERY was served upon Counsel for the
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`Plaintiff/Petitioner, by E-mail addressed as follows:
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`Richard Oparil
`Arnall Golden Gregory LLP
`1775 PENNSYLVANIA AVENUE NW, SUITE 1000
`WASHINGTON, DC 20006
`UNITED STATES
`Richard.Oparil@AGG.com, Kevin.Bell@AGG.com
`Caroline.Maxwell@agg.com
`Phone: 202-677-4030
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`Respectfully Submitted:
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`Respectfully Submitted:
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`___/Blynn L. Shideler/__
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`Blynn L. Shideler
`Attorney for the Applicants
`Registration No. 35,034
`3500 Brooktree Road Suite 200
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`11 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`Wexford Pa 15090
`Blynn@BLKLawGroup.com
`Telephone: (724) 934-5450
`Facsimile: (724) 934-5461
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`12 | P a g e Cancellation Proceeding No. 92071109
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`Motion
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`CBDMD, LLC
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`Plaintiff/Petitioner
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`Cancellation Proceeding # 92071109
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`Registration # 5173264
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`-v-
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`Majik Medecine, LLC,
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`Defendant/ Registrant
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`
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`Registrant’s first request for Admissions, set of Interrogatories and Request for
`production of documents directed to Petitioner CBDMD, LLC
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`Registrant/Defendant, Majik Medecine, LLC serves the following Registrant’s
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`First Request for Admissions, Set of Interrogatories and Request for Production of
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`Documents Directed to Petitioner, CBDMD, LLC on CBD Industries LLC (formerly
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`known as CBDMD, LLC).
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`INSTRUCTIONS
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`The responses to the request for admissions, answers to these Interrogatories
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`and responses to the requests for production shall be served within thirty (30) days of
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`the service thereof unless a different time period is provided by Court order, in which
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`case the time period set by said Court order shall govern.
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`These interrogatories shall be deemed continuing in nature so as to require the
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`prompt filing of supplemental answers if CBD Industries LLC (formerly known as
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`CBDMD, LLC) obtains further relevant information between the time that the answers
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`are served and the time of the trial.
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`Each interrogatory and sub-part of each interrogatory is to be answered
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`separately and as completely as possible.
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`Each interrogatory is addressed to the personal knowledge and information of the
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`principles and controlling parties of CBD Industries LLC (formerly known as CBDMD,
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`LLC), and to the knowledge and information of Petitioner’s attorneys, accountants,
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`agents, employees, consultants, parent or related business entities and other
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`representatives. The principles and controlling parties of CBD, LLC include the
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`Managing Member of CBD Industries LLC (formerly known as CBDMD, LLC), cbdMD,
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`Inc.
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`If an interrogatory asks for information which could have, at some time,
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`been answered by consulting documents which no longer exist, then in answer to
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`such interrogatory petitioner shall:
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`(a) identify what information was contained in such documents;
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`(b) identify all of the type(s) of documents which contained such information;
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`(c) state the time period during which such documents were maintained;
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`(d) state the circumstances under which such documents ceased to exist;
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`(e) state the date on which such documents ceased to exist;
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`(f) identify all persons having knowledge of the circumstances under
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`which such documents ceased to exist; and
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`(g) identify all persons who have knowledge or had knowledge of the
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`documents and the contents thereof.
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`Whenever an interrogatory calls for the identity of a document or non-written
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`communication claimed by Petitioner to be privileged, include in the statement of the
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`identity of such document or non-written communication, the fact and nature of such
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`claim of privilege and the basis for the assertion of such claim.
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`No answer is to be left blank. If the answer to an interrogatory or subparagraph of
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`an interrogatory is "none" or "unknown", such statement must be written in the
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`answer. If the question is inapplicable, "N/A" must be written in the answer.
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`With respect to the requests for admission, Petitioner must admit or deny each
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`request, and, where necessary, specify the parts of each request to which Petitioner
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`objects or cannot in good faith admit or deny. If Petitioner objects to only part of a
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`request, Petitioner must admit or deny the remainder of the request. In the event that
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`Petitioner objects to, or denies, any request or portion of a request, Petitioner must state
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`the reasons for its objection or denial. These requests for admissions shall be deemed
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`continuing and supplemental responses to the request for admission shall be required if
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`Petitioner directly or indirectly obtains further information after Petitioner’s initial
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`response. Each request solicits all information reasonably obtainable by Petitioner and
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`Petitioner’s attorneys,
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`investigators, agents, employees and representatives.
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`If
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`Petitioner answers a request on the basis that Petitioner lacks sufficient information to
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`respond, describe any and all efforts made to be informed of the facts and
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`circumstances necessary to answer or respond.
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`With respect to the responses to the requests for production of documents,
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`Petitioner must identify each document associated with each request. If Petitioner
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`objects to only part of a request, Petitioner must produce the document associated with
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`the remainder of the request. In the event that Petitioner objects to any request or
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`portion of a request, Petitioner must state the reasons for its objection. These requests
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`for production shall be deemed continuing and supplemental responses to the request
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`for production shall be required if Petitioner directly or indirectly obtains further
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`documents relevant to a request after Petitioner’s initial response. Each request solicits
`
`all documents reasonably obtainable by Petitioner and Petitioner’s attorneys,
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`investigators, agents, employees and representatives. If Petitioner answers a request
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`on the basis that Petitioner lacks sufficient information to respond, describe any and all
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`efforts made to be informed of the facts and circumstances necessary to answer or
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`respond.
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`
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`DEFINITIONS
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`The words "you" and "your" refers to Petioner and the principles of Petitioner
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`and includes those individuals and/or entities acting on Petitioner’s behalf, including
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`but not limited to cbdMD, Inc., attorneys, accountants, agents, consultants,
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`employees, parent or related business entities and other representatives of these
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`parties.
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`The words "document" and "documents" include all things within the meaning
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`of the term as used in the Federal Rules of Civil Procedure and includes without
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`limitation, any written, recorded or graphic matter, however produced or reproduced,
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`including but not limited to correspondence, charts, contracts, agreements, notes,
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`computer printouts, emails, memoranda, analyses, appraisals, projections, work
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`papers, orders, summaries, invoices, bills, checks, bank statements, broker
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`

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`statements, buy-sell slips, diaries, calendars, photographs, tax returns, financial
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`statements, management reports, audit reports, special purpose reports, deeds,
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`mortgages, settlement sheets, corporate minutes and by-laws, loan applications,
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`financial records and all other such tangible or retrievable documents of any kind,
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`including any such documents in electronic form. When any of the foregoing
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`documents are referred to, the reference shall include the original and each copy,
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`draft and amendment thereof having any writing, notation, correction or markings
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`unique to such copy, draft, or amendment.
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`The words "identity" or "identify" as used in reference to an individual means
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`to set forth his or her full name, his or her present, or last known, business or home
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`address, and his or her job title.
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`The words "identity" or "identify" as used in connection with a "document" or
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`"documents" means to state the following for each copy of the document which
`
`contains different notations:
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`(a) its date;
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`(b) the identity of its author(s);
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`(c) the identity of the individual(s) to whom it was addressed;
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`(d) the format of the document(s);
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`(e) the title;
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`(f) the number of pages;
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`(g) the identity of the individual(s) known or believed to have custody of
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`

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`each copy of the document having notations unique to such copies; and
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`(h) a detailed description of the substance of the document.
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`If
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`the burden of deriving or ascertaining
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`the answers would be
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`substantially the same for the answering party as for the serving party, the answering
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`party may give the serving party an opportunity to review and make copies of the
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`relevant documents.
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`The phrase "relating to" shall be interpreted generally, including, but, not
`
`limited to, "directly" or "indirectly referring to", "bearing on", "concerning" or
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`"regarding".
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`
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`REQUESTS FOR ADMISSION (NOS. 1-101)
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`REQUEST FOR ADMISSION NO. 1
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`Admit or deny that Petioner was formerly known as CBDMD LLC and is now
`
`known as CBD Industries LLC.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 2
`
`Admit or deny that Petioner was formed November 26, 2018.
`
`Admitted:_________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 3
`
`Admit or deny that cbdMD, Inc. is the Managing Member of Petioner.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`

`

`
`
`REQUEST FOR ADMISSION NO. 4
`
`Admit or deny that cbdMD, Inc. is the sole member of Petioner.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 5
`
`Admit or deny that Petioner is a wholly owned subsidiary of cbdMD, Inc.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 6
`
`Admit or deny that cbdMD, Inc. was formed March 17, 2015 and was formerly
`
`known as Level Brands, Inc. and Level Beauty Group, Inc.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 7
`
`Admit or deny that Petioner merged with Cure Based Development, LLC on or
`
`around December 20, 2018.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 8
`
`Admit or deny that Cure Based Development, LLC was a Las Vegas entity
`
`formed on August 3, 2017.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`

`

`
`
`REQUEST FOR ADMISSION NO. 9
`
`Admit or deny that AcqCO, LLC merged with Cure Based Development, LLC on
`
`or around December 20, 2018.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 10
`
`Admit or deny that AcqCO, LLC was a North Carolina entity formed on November
`
`8, 2018.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 11
`
`Admit or deny that the company then known as Level Brands, Inc. changed its
`
`name to cbdMD, Inc. on or around May 1, 2019.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 12
`
`Admit or deny that Cure Based Development, LLC filed a trademark application
`
`for federal registration for the mark CBDMD SYNERGY on December 20, 2018 now
`
`bearing trademark application serial number 87/613,823.
`
`.
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`

`

`
`
`REQUEST FOR ADMISSION NO. 13
`
`Admit or deny that trademark application serial number 87/613,823 currently lists
`
`a goods description in International Class IC 005 of “Nutritional supplements in topical,
`
`balm or lotion form sold as a component of nutritional skin and animal coat care
`
`products; Dietary and nutritional supplements in the form of tinctures, drops, capsules,
`
`oils, gummies, and powders; Topical analgesic creams, gels, salves, sprays, powders,
`
`and ointments; Topical anti-inflammatory creams, gels, salves, sprays, powders, and
`
`ointments; Topical moisturizing creams, gels, salves, sprays, powders, and ointments;
`
`all of the foregoing containing CBD and all of the foregoing containing or derived from
`
`cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis”
`
`and International Class 34 of “Electronic cigarettes; electronic cigarette liquid containing
`
`CBD, namely, electronic cigarette liquid comprised of vegetable glycerin; electronic
`
`cigarette liquid comprised of CBD and flavorings in liquid form, other than essential oils,
`
`used to refill electronic cigarette cartridges; all of the foregoing containing or derived
`
`from, or intended for use with, cannabis with a delta-9 THC concentration of not more
`
`than 0.3% on a dry weight basis”
`
`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 14
`
`Admit or deny that Cure Based Development, LLC filed a trademark application
`
`for federal registration for the mark SYNERGY CBDMD on December 20, 2018 now
`
`bearing trademark application serial number 87/613,850.
`
`

`

`Admitted:________________
`
`
`
`Denied:_________________
`
`
`
`REQUEST FOR ADMISSION NO. 15
`
`Admit or deny that trademark application serial number 87/613,850 currently lists
`
`a goods description in International Class IC 005 of “Nutritional supplements in topical,
`
`balm or lotion form sold as a component of nutritional skin and animal coat care
`
`products; Dietary and nutritional supplements in the form of tinctures, drops, capsules,
`
`oils, gummies, and powders; Topical analgesic creams, gels, salves, sprays, powders,
`
`and ointm