I found this story in ABC news, and I had to post this because it is simply unbelievable.
http://abcnews.go.com/TheLaw/LegalCenter/Story?id=3230431&page=1
Apparently, a marijuana dealer is selling marijuana-laced Hershey’s knock-off candy to medicinal marijuana shops in CA. They were selling such products as “Rasta Reese's, Keef Kat, Puff-A-Mint Pattie and Stoney Ranchers.” The products were packaged to resemble the Hershey’s products, “Reese's Peanut Cups, Kit Kat, York Peppermint Pattie and Jolly Ranchers.”
Hershey’s has filed a suit against the dealer for trademark infringement, trademark dilution, and unfair competition.
As for unfair competition, I do not believe the issue is the likely hood of confusion between the marijuana laced candy and the Hershey’s candy. It is not likely that you will find these in the checkout lane at the grocery store. But, I can definitely see the case for trademark dilution. As the article goes on to define, “Trademark dilution laws forbid the use of a famous trademark in a way that would dampen its uniqueness or harm the mark's reputation.” So I can definitely see how the marijuana tainted products could have a negative connotation for the Hershey trademarks.
I think the Hershey’s has a pretty good case with this. This lawsuit was from 2007, and I tried to find some follow up information, but I was unable to find anything. I was just curious of the outcome.
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That's pretty funny stuff, even without eating any of those sinsemilla sweets.
ReplyDeleteI don't know about this one, but probably lean towards hershey's side. The only reason why I don't 100% is because there are so many knockoffs out there right now that are so ridiculous that they are pretty much straight up parody, which is where I put this one.
Dave