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Medical marijuana dispensaries sued for trademark infringement

On Behalf of | Jun 9, 2014 | Business Litigation |

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


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