Overturning Kiva v. Kiva solves. It provides federal trademark protection for marijuana.

In Kiva Health Brands L.L.C. v. Kiva Brands Inc, the United States District Court for the Northern District of California directly considered the availability of federal trademark protection for a business engaged in cannabis commerce. 71The plaintiff, Kiva Health Brands L.L.C. (KHB), produced and sold food supplements in Hawaii. 72None of KHB's products contained marijuana. 73The [*282] defendant, Kiva Brands Inc. (KBI), produced and sold marijuana-infused confections throughout California. 74KHB sued for trademark infringement and unfair competition under the Lanham Act, citing concerns that brand confusion would lead consumers to assume KHB's products also contained marijuana. 75Both parties recognized that KHB possessed three valid USPTO trademarks relating to the "KIVA" name from the years 2014, 2015, and 2016. 76Kiva Brands Inc. (KBI) fully acknowledged these trademarks but claimed common-law trademark protection based on use in commerce in California since 2010. 77KBI only claimed ownership rights in California. 78KBH asserted that all of KBI's products were infused with marijuana and therefore cannot receive federal trademark protection. 79 The court accepted this argument wholesale stating that federal laws prohibiting marijuana production and sale precluded any federally recognizable trademark protections from developing. 80KBI accepted that it possessed no right to federal trademark recognition, but contended that the lack of a federal trademark was irrelevant to its claim under California common law. 81 The court rejected this argument and held that state trademark protections could not defend against a federal infringement claim if the trademark's use violated federal law. 82 This ruling decisively concludes that no business conducting marijuana commerce in violation of federal law can rely on federal protection. Even if a business has a valid trademark under state law, a different entity engaged in lawful conduct could apply and receive federal protection for the exact same mark.