This week, a Colorado Springs company that makes "edibles"- marijuana infused candies- was sued by Hershey's. The Colorado company's suit follows on the heels of national attention to Colorado for legalizing marijuana. Since legalization, the business of making candy and baked products containing marijuana has exponentially grown. This particular company is in hot water regarding the names it has chosen for its new line of chocolates with marijuana. Names like "Hasheys" or "Ganga Joy" allegedly infringe upon Hershey's right to its chocolates named "Hershey's" and "Almond Joy."
The above-linked article from the Denver Post quotes the Colorado company being completely surprised by Hershey's legal action because it revealed the new line six months prior to the start of the lawsuit. However, unlike the fast-paced media world, the legal process often takes time and six months is not a surprising length for Hershey to commence a lawsuit. Additionally, Hershey states concerns that children may find the names and packaging similarities confusing, which the Colorado company referred to as "dumbfounding." However, Hershey may have a point in this argument. Photo comparisons of the new edible line compared to Hershey's packaging show many similarities, and young children who are unable to read (yet able to recognize what looks like their favorite candy) may be confused. Perhaps this argument will persuade the judge that infringement has occurred. If the case does not settle, it will be interesting to watch it unfold.
Additionally, if you or a loved one is affected by a product that causes injury, Meyerkord & Kurth, LLC is the family of attorneys that will fight for you and your family's interests. Meyerkord & Kurth will represent you zealously in order to get your family the compensation that it deserves. Please contact our knowledgeable products liability attorneys at (314) 436-9958 or (800) 391-4318 if you have suffered from a loss due to the negligence of a producer of consumer products.
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