FOLLOW US

America August 25, 2026 5 mins read

Federal Judge Rejects RAW Trademark Time Bubble Retrial Bid and Orders BBK to Pay $3.09 Million

America ı By Samuel Lopez

0 Comments

Untitled

This report examines the facts behind BBK’s so-called “time bubble” argument and why the court found that it did not justify retrying the RAW trademark case. The case is BBK Tobacco & Foods LLP v. Central Coast Agriculture Inc., No. 2:19-cv-05216-MTL, in the U.S. District Court for the District of Arizona.

On the Record

  • BBK failed to show that the court’s evidentiary rulings substantially prejudiced its trial presentation.
  • Central Coast Agriculture’s unanimous defense verdict remains intact at the district-court level.
  • BBK must pay $3,094,136.57 in attorneys’ fees and non-taxable costs under the court’s separate order.

By Samuel López | USA Herald

PHOENIX — A federal judge has rejected BBK Tobacco & Foods LLP’s attempt to reopen its courtroom defeat against Central Coast Agriculture Inc., ruling that the so-called “time bubble” surrounding evidence disclosed after May 2021 did not deprive the owner of RAW rolling-paper trademarks of a fair trial.

In an August 20, 2026 order, U.S. District Judge Michael T. Liburdi denied BBK’s motion for a new trial under Federal Rule of Civil Procedure 59. The ruling preserves the jury’s verdict for Central Coast, the California cannabis company behind the Raw Garden brand.

BBK filed the lawsuit in 2019, alleging that Central Coast’s use of “Raw Garden” infringed its RAW marks and was likely to confuse consumers. After the district court resolved major claims at summary judgment, the Ninth Circuitreturned the infringement dispute for trial while affirming BBK’s victory invalidating four Central Coast trademark applications.

Following a two-week trial in October and November 2025, jurors deliberated for less than two hours before finding for Central Coast on the two remaining federal claims—trademark infringement and false designation of origin. BBK then challenged the verdict on evidentiary and expert-testimony grounds.

At the center of BBK’s retrial request was the “time bubble.” Fact discovery closed on May 14, 2021. After remand, the parties agreed that updated disclosures would be limited to financial information and related expert work. BBK later sought to add newer trademark registrations and evidence of changes to Central Coast’s products and packaging, but the court found no good cause to modify the deadline.

BBK argued that enforcing the cutoff forced jurors to decide a 2025 dispute using facts frozen in 2021. Liburdi rejected the premise that he had imposed an automatic ban on everything occurring after the cutoff. He found that it operated as a disclosure boundary, that the court made evidence-specific rulings, and that BBK was permitted to introduce some later evidence. Other disputed material was excluded for reasons including lack of foundation, Rule 403, hearsay, and limits on a witness’s disclosed testimony—not because of the cutoff itself.

BBK’s argument concerning newer trademark registrations also failed because the validity of its RAW marks was not disputed at trial. The jury was instructed that registration could establish validity, and the court took judicial notice of BBK’s ownership and registration of relevant marks. Incontestable status, Liburdi explained, concerns validity—not the separate question of whether consumers were likely to confuse RAW with Raw Garden.

Under Rule 59, an evidentiary error warrants a new trial only when it substantially prejudices a party or produces a miscarriage of justice. Liburdi found neither and rejected BBK’s additional challenges involving competing survey experts.

The financial consequences came in a separate order issued the same day. Liburdi declared the litigation an exceptional case under the Lanham Act, citing the weakness of BBK’s infringement proof and what he characterized as an unreasonable litigation campaign. The court pointed to the absence of credible evidence of actual consumer confusion, a prior Rule 11 sanction against BBK’s counsel involving a disputed product photograph, and late-disclosed confusion evidence.

Central Coast requested $5,526,987.50 in attorneys’ fees, but the judge reduced that request to $2,559,745.61 after finding that the California lawyers’ rates exceeded reasonable rates for the Arizona forum and making other billing adjustments. He awarded the requested $534,390.96 in non-taxable costs in full.

That produces a combined court-ordered obligation of $3,094,136.57. There was no monetary jury award for the judge to reduce—the jury returned a defense verdict. The reduction applied to Central Coast’s post-trial fee request. BBK was ordered to pay the fees and costs into Goodwin Procter LLP’s trust account within 28 days and file notice of compliance within one day after payment.

About the Author

Samuel López is a Senior Legal Analyst, investigative journalist, and legal researcher with more than two decades of experience working with civil litigation and complex legal controversies. His analysis of pleadings, evidentiary disputes, trial records, and appellate decisions enables him to translate dense court rulings into precise, fact-driven reporting.

Go Beyond the Headlines

If this report gave you a clearer view of the case, join readers who rely on USA Herald for exclusive investigations, breaking legal developments, and sharp analysis of the stories shaping the nation. Subscribe to the USA Herald newsletter and receive our latest reporting directly.

Follow USA Herald on X at @RealUSAHerald.

Previous Article

Nazi Tank Buried Beneath Russian University Reveals Unusual World War II History

Read More
1803 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 14, 2026
BloodHound Q50 Killing Exposes Chaotic Ambush at Chicago Gas Station
By – Tyler Brooks
America September 14, 2026
Bamboo Insurance IPO Eyes $3.24 Billion Valuation in Bold Market Bet
By – Rihem Akkouche
America September 14, 2026
Abbott $384M Settlement Closes Chapter on Tainted Formula Scandal
By – Rihem Akkouche
America September 14, 2026
Bob Mackie Death Ends an Era of Sequins and Showbiz Glamour
By – Rihem Akkouche
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate a Year of Romance
By – Jackie Allen
America September 14, 2026
TMZ Ties Itself to the Hayden…

Key Takeaways TMZ is reporting that law enforcement sources believe…

By – Samuel Lopez
America September 14, 2026
AI Safety Warnings Mount. Trump Calls…

WASHINGTON — President Donald Trump dismissed growing AI safety warnings…

By – Michallie Harrison
America September 13, 2026
Lawyers Clash Over 12.5% Cut of…

Key Takeaways Class attorneys behind the $2.8 billion Blue Cross…

By – Samuel Lopez
America September 13, 2026
AI Whistleblowers:  Warnings  Coming From Inside…

AI Whistleblowers are increasingly sounding the alarm about the speed…

By – Jackie Allen
America September 13, 2026
New Mexico Lawyer Fined $5,000 After…

Key Takeaways A New Mexico defense attorney was held in…

By – Samuel Lopez
America September 13, 2026
China Expands Legal Reach Abroad as…

3 Key Takeaways China is expanding laws that can reach…

By – Samuel Lopez
America September 13, 2026
China Expands Legal Reach Abroad as…

3 Key Takeaways China is expanding laws that can reach…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
DOJ Uses Alien Terrorist Removal Court…

Key Takeaways The Justice Department has completed the first removal in…

By – Samuel Lopez
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 13, 2026
In-House Attorneys’ Group Takes Rival to…

Key Takeaways The Association of Corporate Counsel has filed suit…

By – Samuel Lopez
America September 12, 2026
Duke University Ends Reginaldo Howard Scholarship…

DURHAM, N.C. — Duke University has discontinued a decades-old merit…

By – Jackie Allen
America September 12, 2026
Bali Tourist Deported and Banned for…

A Bali vacation ended with an Australian tourist being deported…

By – Jackie Allen
America September 11, 2026
$LAPTOP Meme Coin Crashes After Hunter…

Hunter Biden’s $LAPTOP cryptocurrency suffered a dramatic collapse shortly after…

By – Jackie Allen
America September 11, 2026
Open Secure AI Alliance Forms as…

The Open Secure AI Alliance has brought together a broad…

By – Jackie Allen
America September 13, 2026
DOJ Uses Alien Terrorist Removal Court…

Key Takeaways The Justice Department has completed the first removal in…

By – Samuel Lopez
America September 11, 2026
Open Secure AI Alliance Forms as…

The Open Secure AI Alliance has brought together a broad…

By – Jackie Allen
America September 11, 2026
Skywatcher: ExoMoon Discovery May Reveal First…

An ExoMoon discovery may have given astronomers their first confirmed…

By – Jackie Allen
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen
America September 11, 2026
Josh Hawley Opens OpenAI Investigation Over…

Key Takeaways Josh Hawley is demanding answers and internal records…

By – Samuel Lopez
America September 11, 2026
Congress Has Seen the Evidence on…

Key Takeaways Lawmakers with security clearances, including Rep. Nancy Mace,…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
America September 10, 2026
Anthropic Says It Caught Scientists Trying…

Key Takeaways Anthropic’s newest threat intelligence report details five case…

By – Samuel Lopez
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter