When Colorado passed state laws that legalized marijuana, a new industry opened up and boomed. On the federal level, marijuana is still considered an illegal narcotic, but so far the feds have not tried to overrule the state’s power on this issue. However, the Hershey’s Company wants nothing to do with the new lease on legality that pot has acquired, and they don’t want anybody else thinking that they do.
A company called TinctureBelle LLC produces chocolate products infused with pot, and some of their older products beared what Hershey’s Co. considered more than a passing resemblance to several of their products. This lead Hershey’s Co. to file a trademark infringement lawsuit back in June of 2014, and after months of courtroom battles, the chocolate company won the case. Now TinctureBelle has been forced to recall or destroy all the products that resembled Hershey’s candy.
The Hershey’s company was concerned that their brand name had been harmed and that children might mistake pot laced candy for their normal chocolate. They took legal action and won because nobody has the right to sell their product using the good reputation of another company. An experienced Los Angeles business attorney can help provide that kind of protection for your products.
Klein Trial Lawyers—Trademark Infringement Attorney
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