Candy vs. Cannabis: Hershey’s Sues Seattle Dispensary over Reefer’s Cups

reefers-cup-hersheys

The Hershey Company has filed a federal lawsuit against Seattle Conscious Care Cooperative for trademark infringement, citing issues with their edible products called Reefer’s Cups and Mr. Dankbar.

Jeff Beckman, a spokesperson for The Hershey Company, told KIRO 7: “The Hershey Company’s trademarks are iconic and among our company’s most important assets. They are recognized by consumers around the world, and our company has spent as many as 120 years building the trust and equity in these iconic brands. Consumers depend on our brand names to represent a level of quality and dependability. These entities have used Hershey’s trademarks, without authorization, to trade on Hershey’s goodwill and reputation, and to draw greater attention to their products; these unauthorized uses of Hershey’s trademarks also make the products more appealing to children.

We have always vigorously protected our brands and will continue to do so whenever we believe that others have infringed on these valuable intellectual assets.”

KIRO 7 reports the company has filed a similar lawsuit in Colorado.

However, an employee of the Seattle Conscious Care Cooperative told Raw Story, that the Co-op isn’t the one to blame: “It’s not even our product,” said the employee, who wished to remain anonymous, “it’s just something that we carry. So it’s a vendor, it’s not even us.”

The company that produces the Reefer’s Cup appears to be Seattle Finest Edibles, who also makes a Kush Krispie Treat and infused jellies that are sold in several locations around Washington. A message for Seattle’s Finest was not returned at this time.

Colorado legislators are in the midst of drafting new laws to prevent this type of logo duplication in the state’s edible products. House bill 14-1366, which passed on May 7th of this year, states: “Current law prohibits a retail marijuana products licensee (manufacturer) from adding marijuana to a trademarked food product unless the trademarked food product is part of a recipe and the manufacturer does not represent that the final product contains a trademarked food product. The bill expands this prohibition to knowingly adding marijuana to food products that a reasonable consumer would confuse with a trademarked food product. It also prohibits knowingly adding marijuana to a product that is primarily marketed to children.”

What do you think? Is the branding too similar? Tell us in the comment section below.

Cannabis Now Magazine is a group of individuals passionate about the topic of Cannabis and the debate surrounding it.

8 Comments

  1. Mike cannon

    June 18, 2014 at 10:53 am

    That would be great if you could, But I know the Fed’s haven’t made it legal yet.

  2. Janett

    June 13, 2014 at 6:36 pm

    After reading this it makes me even more NOT to want ANY Hershey products…period! It’s a sad day when they think that by any way looks like or says anything about being made with Hershey chocolate. I think they need to rethink their lawsuit.

  3. john reeves

    June 13, 2014 at 5:26 am

    dude its bogus look at the packaging the colors the only fucking thing the same othre then Peanut Butter Cup seriously? the images on the packaging are totally different and THEY have THEIR name on the packaging NOT HERSHEY’S get your shit together ppl ur as bad as half the american corp. that just want more n more fucking money

  4. Lucy Pagenkopf

    June 12, 2014 at 8:58 pm

    This doesn’t surprise me in the least. They threatened to sue a friend of mine who is a drag queen named Hershae Chocolatae (seen on America’s Got Talent) because her name was too similar to the product and wanted to make sure she wasn’t associating herself with the product. RIDICULOUS!

  5. Matt

    June 12, 2014 at 3:09 pm

    Honestly, I DO think that it is obviously too similar and that the company is trying to capitalize on a familiar logo that Reeces has spent a great deal of time associating it with their product. In this case, I think that the fact that its a marijuana product is irrelevant. If someone making a different product would have made a logo this similar, I think the candy company would feel exactly the same. Are they being babies? Probably. But, if you had as much invested in coming up with a logo that everyone associated with your product, only to have someone else rip it off, you’d probably feel very much the same.

  6. Shaun Raber

    June 12, 2014 at 2:02 pm

    I live in Hershey and after reading this I think they are just being a bunch of whine babies. Like they don’t have billions of $ anyway. Like they need to sue someone. I think the reefer cups are a cool name, but i might have changed the color of the package or design to avoid things like what are happening. As to targeting children, that is just propaganda for them. It is a parents job to know what there children are being introduced to. You have to be 21 to buy medical marijuana anyway unless you are a patient.

  7. Jack Mihoff

    June 12, 2014 at 11:35 am

    FUCK YOU HERSHEY!!!
    NO ONE IN THEIR RIGHT MIND WOULD CONFUSE THE TWO…NOT EVEN A STONER!
    LAME!!! YOU WATCH….I JUST STOPPED BUYING THEIR PRODUCTS AND SPREADING THE WORD!!!!
    DOWN WITH THE HERSHEY CORPORATION

  8. Brandon Bowerman

    June 11, 2014 at 8:22 am

    I think its bulkshit,same reasoning why the banned flavored cigarettes. I think if people can learn to control what their children do then there should be no worry about it. Cannibus infused goodies are for adults, you have to be 21 to even get into recreational dispensaries anyway.and to get medical you’ll have to be a patient. So ask in all Hershey is just being a baby.

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