Dinn, Hochman & Potter, LLC

Medical marijuana dispensaries sued for trademark infringement

Ohio business owners may be interested in reading about the latest news involving a trademark infringement lawsuit brought by The Hershey Company in two states. The Hershey Company filed a lawsuit against Seattle Conscious Care Cooperative, a company that sells snacks and sweets containing marijuana. The other federal lawsuit filed by Hershey was in Colorado, the other state to have recently legalized the recreational use of marijuana.

The products that Hershey names in the lawsuit were Reefer's Cups and Mr. Dankbar. The manufacturers of the products are said to have purposely used Hershey branding as a way of attracting more customers and getting more revenue. An employee of Seattle Conscious Care Cooperative noted that it did not make the products but that it was simply selling products that they obtained from a vendor. The employee also noted that the two products in question had already sold out months before.

Hershey is asking that the Seattle company account for all revenue earned by selling the products bearing its infringed trademark, and it is seeking damages and the payment of attorneys' fees. The company also wants to ensure that any remaining Reefer's Cups and Mr. Dankbar products that are still in the Cooperative's inventory are destroyed. The Cooperative is being asked to correct its advertising and recall all existing products in question. A spokesperson for Hershey also noted that the use of their branding on marijuana edibles poses a danger to children, who may be attracted to these products.

A spokesperson for Pepperidge Farms said that they intend to be in touch with companies who are selling Goldfish crackers to ask them to stop selling any products that may be confused with Goldfish branding. The manager of another medical marijuana dispensary anticipates that business litigation will be on the rise as more medical marijuana dispensaries begin selling edible products.

Source: KWCH, "Hershey sues Seattle medical marijuana dispensary", June 05, 2014

No Comments

Leave a comment
Comment Information
  • Preeminent | AV | LexisNexis | Martindale-Hubbell | PeerReviewRated | For Ethical Standards And Legal Ability
  • Lead Counsel Rated | LC
  • Super Lawyers
Email Us For A Response

Tell Us Your Issue

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Location

Dinn, Hochman & Potter, LLC
5910 Landerbrook Drive, Suite 200
Cleveland, OH 44124

Toll Free: 800-233-4079
Phone: 440-446-1100
Fax: 440-446-1240
Cleveland Law Office Map

Firm Numbers: