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Arkansas Marijuana Dispensary Wins Trademark Dispute Against Harvest Health

Harvest Cannabis Dispensary, an Arkansas-based medical marijuana dispensary, said it has obtained a preliminary injunction that prevents two Arkansas facilities managed by cannabis company Harvest Health & Recreation, Inc. from using the "Harvest" name.

Harvest Cannabis Dispensary is a family-owned and operated business located in Conway, Arkansas. The dispensary said it obtained the preliminary injunction in its trademark dispute with Natural State Wellness Dispensary, LLC and Natural State Enterprises, LLC, together known as the NSW Entities.

The preliminary injunction prevents the NSW Entities from continued use of the name "Harvest" in connection with their dispensary located in Little Rock, Arkansas and cultivation facility located in Newport, Arkansas.

Both facilities are managed by Tempe, Arizona-based Harvest Health & Recreation. The properties were branded "Harvest House of Cannabis" and "Harvest of Newport" at the time of the preliminary injunction decision.

Harvest Cannabis Dispensary filed the lawsuit was filed in the Circuit Court of Faulkner County.

Following a two-day evidentiary hearing through the Zoom video conferencing interface, the court determined that Harvest Cannabis had adopted the "Harvest" name in 2017 and diligently opened its facility in Conway well before the NSW Entities opened their facilities.

Arkansas law provided Harvest Cannabis with senior state-law trademark rights in the name "Harvest."

Elizabeth Barnett, CEO for Harvest Cannabis Dispensary, noted that owners of the Little Rock dispensary ceded total control of all operations to an out-of-state operator, Harvest Health & Recreation.

"I guess these out of state folks just assumed they could just come in and bully us into submission. This ruling proves that sometimes the little guy wins. This was a huge victory for us," Barnett said.

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