Background

Over the years, we've* grown and nurtured the AVD brand into a symbol of quality and innovation in the cannabis industry. This is something we are very proud of. And while we are incredibly grateful for our history, we license the AVD name from a third party. Going forward, we will be ACTIVE—a name that is as distinct as the products we create, and which better reflects our approach to the industry, our business, people, and values.

What does it mean that you license the AVD name?

We have a contract with an entity named Avid Holdings Ltd., which is controlled by Jonathan Carfield. Under that agreement, Avid served as an intermediary that, among other roles, obtained the AVD trademark and licensed it to us. We were granted by Avid, and continue to hold, the exclusive right to use the AVD brand worldwide. No one else–not Avid or even Mr. Carfield–has the right to sell AVD products or use the brand.

For you, it’s business as usual. While we are now known as ACTIVE, you will continue to be supported by the same team, receive the same innovative products that you have come to know and love, made by the same team, in the same manufacturing facilities.

What is the status of your business relationship with Avid and Mr. Carfield?

Avid and Mr. Carfield have had no role in our business since October 2021, and Avid currently owes us nearly $1 million per a court judgment which remains unpaid, in addition to another $2+ million, which we are pursuing legally.

Avid broke our agreement in many ways. This is not just our opinion. Rather, this is the final ruling of an arbitrator AND a federal district court in Washington that confirmed the arbitrator’s award against Avid. You can read the court’s ruling here[EXHIBIT 1] and see its judgment here [EXHIBIT 5].

Can you help me understand the court cases related to all of this?

Unfortunately, Avid’s breach of our agreement kicked off a string of legal proceedings that were necessary to protect our business and customers. A federal court has confirmed that only we may sell AVD products.

However, Avid and Mr. Carfield attempted to create confusion in the market by selling products to which we hold the exclusive rights, as well as making false statements about AVD and its principals. Accordingly, we filed a lawsuit in Delaware against Jonathan Carfield as the manager of a new entity named Avid USA Technologies LLC. That court ordered [EXHIBIT 2 ], among other things, that:

You can read the Court’s full opinion here [EXHIBIT 3].

More recently, you may have seen that Avid filed an appeal of the federal judgment from the federal district court in Washington. This appeal merely repeats the same tired and desperate arguments that the district court rejected and found to be “unsupported” by any facts. We are confident the court of appeals will dismiss the appeal and confirm the district court’s judgment. Our response to the appeal is available here [EXHIBIT 4].

How can I find out more about this situation?

Everything stated on this page is supported by publicly available court documents; just follow the links throughout the page. And while we aren’t interested in speaking ill of other people in our industry, we will not allow misinformation and false accusations to go uncorrected.

Further information about other legal matters in which Mr. Carfield has been involved can be found here [EXHIBIT 6] and here [EXHIBIT 7].

ACTIVE is a proud member of the cannabis community. We are committed to acting with integrity and treating our customers, partners, vendors, employees, competition, and the plant itself with the utmost respect. We hope this comes through in our dealings with you.

Next Level Ventures LLC., formerly known as AVD