DENVER - A Colorado marijuana company must recall or destroy its pot-infused edibles that resemble iconic Hershey treats as part of a settlement agreement with the chocolate company.
The Hershey Co. filed a federal trademark infringement lawsuit in June against TinctureBelle LLC and TinctureBelle Marijuanka LLC. The lawsuit alleged that TinctureBelle's Ganja Joy, Hasheath, Hashees and Dabby Patty too closely resembled Hershey's Almond Joy, Heath, Reese's peanut butter cups and York peppermint patty candies, respectively.
The Denver Post reports that a settlement reached in September requires TinctureBelle to stop using those names and Hersey's brown, yellow and orange coloring for its products.
The lawsuit argued that:
"Defendants, who are well aware of the fame and popularity of these Hershey products and marks, are manufacturing and selling cannabis- and/or tetrahydrocannabinol-laced chocolate and candy products using names, marks and designs that are knock-offs of Hershey’s famous REESE’S, HEATH, ALMOND JOY and YORK trademarks and trade dresses, in order to increase sales of defendants' cannabis and tetrahydrocannabinol candy products, 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 presented side-by-side color photographs as evidence that TinctureBelle's "Hashees" packaging mimics Reese's peanut butter cups and likewise TinctureBelle's "Ganja Joy" and Almond Joy, and so on.
TinctureBelle said in court filings that it stopped making edibles that mimic Hershey candy before the lawsuit was filed. Hershey said the edibles' packaging confused consumers, including children.