Hershey Suing Pot Candy Maker Over 'Knockoffs'
Marijuana-infused products packaged to resemble Reese's, Health, Almond Joy, York
Published in CSP Daily News
HERSHEY, Pa. -- The Hershey Co. has filed a federal lawsuit against a Colorado company selling marijuana-infused chocolates with names too similar to its own products, reported The Denver Business Journal.
The lawsuit was filed in U.S. District Court in Denver against TinctureBelle LLC and an affiliated company, TinctureBelle Marijuanka LLC, which are in the Pueblo, Colo., area. Hershey alleges trademark infringement and for dilution of its trademark. Specifically, Hershey claims TinctureBelle is selling knockoffs of its Reese's, Health, Almond Joy and York trademarks, said the report.
Hershey wants an injunction against the sale of TinctureBell's products--Hashees, which has a look similar to the packaging on Reese's peanut butter cups; Ganja Joy, Hasheath and Dabby Patty, which has a resemblance to a York peppermint patty.
Hershey is also asking for compensatory and punitive damages.
The candy maker alleged in its lawsuit TinctureBelle was using the knockoffs to increase the sale of its marijuana-infused candy, "draw additional attention to their products, confuse consumers as to the source of their products, call to consumers' minds Hershey's famous and beloved brands and otherwise to trade on the goodwill of Hershey and its brands."
Hershey is a major producer of chocolate in North America and a global leader in chocolate and sugar confectionery. Based in Hershey, Pa., it has revenues of more than $7.1 billion, Hershey offers confectionery products under more than 80 brand names, including Hershey's, Reese's, Hershey's Kisses, Hershey's Bliss, Hershey's Special Dark, Kit Kat, Twizzlers, Jolly Rancher and Ice Breakers.