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Several Cannabis Edibles Makers are being Sued for Trademark Violation

 

Several Cannabis Edibles Brands are Getting Sued by Globe Candy Makers for
 Trademark Violation


by Whitney I white 



.
Mars Inc's and partner company  Wrigley Jr Co is protecting it's brand against edible cannabis copycats from their long lasting brand being exploited for capital gain




These cannabis companies are possibly confusing our youth if they consume medicated candy because of its familiarity.Wrigley Jr. Company, known as the Wrigley Company, is an American chewing gum company, based in the Global Innovation Center in Goose Island, Chicago, Illinois. 

And on the other hand, Mar Inc. is ranked as the 6th largest privately held company in the United States by Forbes and doesn't want their beloved Skittles.





Mars Inc found a lawsuit alleging trademark infringement I'm on cannabis companies implementing packaging and branding that resembles the Mars company signature slogan and packaging.

The lawsuit alleges sellers including Packaging Papi, 2020ediblez and  Skittles, Life Savers, and Starbursts as well as "Cannaburst" edibles under the umbrella of Terphogz’s for causing the confusion over candy versus medicated marijuana candy.

According to Wrigley’s complaint, the “ZKITTLEZ Marks are substantially identical in sight, sound, meaning, and commercial impression to Wrigley’s SKITTLES Marks.” Wrigley also notes that the infringer “uses the same distinctive red color featured on packages of SKITTLES candy and the same colors of SKITTLES candy in connection with advertising, selling, and distributing its ZKITTLEZ goods.”



The concern over youth being advertise too has states like  Illinois and its legislators have added legal provisions banning cannabis companies from disseminating advertising or packaging for cannabis or cannabis-related products that imitate candy labeling or packaging.





 However the Mar inc is not the only corporation holding the cannabis industry to an ethically standard, in 2020 candy maker, The Hershey Co. has been active for years filing trademark-violation lawsuits against marijuana companies for years.


The cases are Wm Wrigley Jr Co v. Terphogz LLC, U.S. District Court for the Northern District of Illinois, No. 1:21-cv-02357; Wm Wrigley Jr Co v. Packaging Papi LLC, U.S. District Court for the Northern District of Illinois, No. 1:21-cv-02364; and Wm Wrigley Jr Co v. Conde d/b/a 2020Ediblez, U.S. District Court for the Central District of California, No. 5:21-cv-00777.
What The Laws 


Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees. Mainly A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product

 Infringement occurs when the "infringer", uses a trademark that is identical or confusingly similar to a trademark owned by another party, concerning products or services which are identical or similar to the products or services which the registration covers.  
As a result, these cannabis companies are possibly confusing our youth.
If underage consumes medicated candy because of the familiarity among the candy market and believe it to be a common candy; this raises concerns. 
Consequently, an owner of a trademark may start civil legal proceedings against a party 
which infringes its registered 




However, the cannabis-related products that are  eligible for federal trademark registration are topical applications or other non-ingestible products
 are only CBD products.
Therefore, the essential cannabis industry is prohibited from registration of products that companies cannot legally sell across state lines. Cannabis companies and brands will not be able to protect their brands since the U.S. Patent and Trademark Office (USPTO) currently does not provide trademark protection for foods and beverages infused with cannabis.

Final Thoughts


As cannabis markets nationwide move from ungoverned markets to legal, governed markets, the business practices of cannabis companies will receive more reviewing from non-cannabis businesses. 
For example, The Tapatio and Gorilla Glue lawsuits  in 2014, the Hershey Company threatened to sue Colorado-based TinctureBelle LLC for its production of a variety of products allegedly in violation of Hershey’s candy design and name trademarks, like Ganja Joy, Hashees, and Reefers and Hasheath. 
Therefore, as one develop a cannabis brand try focus on originality or pay the cost of unethically business practices. 



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