Hershey Sues Colorado Edible Pot Company

[jimnyc]

At first I laughed, but this would be bad news if the candy were given to unaware kids. They say the edibles are better for patients, as opposed to smoking, but no need to steal the ideas/logos/likeness of others.

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DENVER (AP) — The Hershey Co. has sued a Colorado marijuana edibles maker, claiming it makes four pot-infused candies that too closely resemble iconic products of the chocolate maker.

The trademark infringement lawsuit was filed in U.S. District Court in Denver this week against TinctureBelle LLC and TinctureBelle Marijuanka LLC.

It alleges TinctureBelle’s Ganja Joy, Hasheath, Hashees and Dabby Patty mimic Hershey’s Almond Joy, Heath, Reese’s peanut butter cups and York peppermint patty candies, respectively.

TinctureBelle did not immediately return messages seeking comment. The Denver Business Journal first reported about the lawsuit filed Tuesday.

http://denver.cbslocal.com/2014/06/07/hershey-sues-colorado-edible-pot-company/

[DragonStryk72]

Now, I am pro-legalization, but I do agree with this one. Making them too close to iconic candy packaging can easily lead to kids mistaking them, and that shouldn't be a thing.

[logroller]

Now, I am pro-legalization, but I do agree with this one. Making them too close to iconic candy packaging can easily lead to kids mistaking them, and that shouldn't be a thing.
What if it were a toy gun manufacturer whose product too closely resembled a glock or colt 1911? Oh sure, its got an orange tip (or say, a pot leaf), but it still resembles such. Confusing perhaps, but I'm of the belief one should keep drugs out of reach of children-- failure to do so is on the drug possessor. Plus, Fwiw, ingesting a pot candy isn't gonna kill anyone--that's a fact.

[DragonStryk72]

What if it were a toy gun manufacturer whose product too closely resembled a glock or colt 1911? Oh sure, its got an orange tip (or say, a pot leaf), but it still resembles such. Confusing perhaps, but I'm of the belief one should keep drugs out of reach of children-- failure to do so is on the drug possessor. Plus, Fwiw, ingesting a pot candy isn't gonna kill anyone--that's a fact.

log, do you have kids? Have they ever gotten into something they weren't supposed to? This isn't just making a toy gun (I'm fine with the orange cap piece thing), this can have very real effect on childrens' health, not in a "well, maybe if" way, like you're trying to use, but in a "when they eat that" way. It doesn't have to kill them for it to be a problem, it can make them sick, and it will severely diminish whatever small amount of reasoning skills they have.

Clearly, though, you are for kids drinking, though, right? Oh, no? Well I didn't think so, but you felt the need to use your tired old analogy, so I figured firing back was a good plan. Oh, and btw, by your statement, you are personally legally responsibly for anything that happens to any child at your work, or your home, regardless of how unlikely it was for them to actually accomplishing it happen to them. Yeah, thanks, but no.

[jimnyc]

What if it were a toy gun manufacturer whose product too closely resembled a glock or colt 1911? Oh sure, its got an orange tip (or say, a pot leaf), but it still resembles such. Confusing perhaps, but I'm of the belief one should keep drugs out of reach of children-- failure to do so is on the drug possessor. Plus, Fwiw, ingesting a pot candy isn't gonna kill anyone--that's a fact.

I see your point, but I don't think gun companies have their likenesses trademarked. It's a bit tougher with things like candy as their likeness and such IS copyrighted/trademarked.

I do believe the "more" responsibility is on the possessor though, simply hide it or lock it up. And you're correct, while likely to get very sick from ingesting the pot, they won't die from it. BUT, while I agree with all of that, none change the legal argument on the trademark side.

[logroller]

I see your point, but I don't think gun companies have their likenesses trademarked. It's a bit tougher with things like candy as their likeness and such IS copyrighted/trademarked.

I do believe the "more" responsibility is on the possessor though, simply hide it or lock it up. And you're correct, while likely to get very sick from ingesting the pot, they won't die from it. BUT, while I agree with all of that, none change the legal argument on the trademark side.
I understand the proprietary interest Hershey has, and while I fail to see why Colt shouldn't enjoy the same protections, from a public protection standpoint these bans are pragmatically flawed. I've seen many a kid get sick from soda (got a stain on my carpet to prove it); or act crazy and reckless on a sugar rush...so shouldn't that be in the public purview as well? More people die from diabetes than marijuana--diabetes is an epidemic. Yet Many a conservative scoffs at soda bans but thinks nothing of bans on edible marijuana. I'm just looking for practical standard by which We should apply control over substances.

[jimnyc]

I understand the proprietary interest Hershey has, and while I fail to see why Colt shouldn't enjoy the same protections, from a public protection standpoint these bans are pragmatically flawed. I've seen many a kid get sick from soda (got a stain on my carpet to prove it); or act crazy and reckless on a sugar rush...so shouldn't that be in the public purview as well? More people did from diabetes than marijuana. Yet Many a conservative scoffs at soda bans but thinks nothing of bans on edible marijuana. I'm just looking for practical standard by which We should apply control over substances.

It's like that old story about the monkeys in a room, and eventually how they all act a certain way, and don't know why, that's just the way it is. I think it's similar here. Our generation and a few before them have grown up knowing it's illegal, and even hearing some harsh information over the years. The marijuana has an attachment that will be hard to get rid of. Similar but different with soda. It's been a part of so many generations, as something good, fun, and to be enjoyed. As time went on, we learned more and more about the health issues with soda, but the attachment to it more or less remained the same, and still is today.

[logroller]

It's like that old story about the monkeys in a room, and eventually how they all act a certain way, and don't know why, that's just the way it is. I think it's similar here. Our generation and a few before them have grown up knowing it's illegal, and even hearing some harsh information over the years. The marijuana has an attachment that will be hard to get rid of. Similar but different with soda. It's been a part of so many generations, as something good, fun, and to be enjoyed. As time went on, we learned more and more about the health issues with soda, but the attachment to it more or less remained the same, and still is today.
It's also like that old story about everyone jumping off a cliff...but we still have a choice. President Nixon appointed a special investigation into the effects of marijuana and its prohibition and, despite findings to the contrary, he chose to jump off the cliff. But should we also? Are we just monkeys/ lemmings? We'd do well to ask ourselves what freedoms we truly desire?

[Abbey Marie]

Hey, why not fill condoms with weed, and hand them out in the Middle Schools? Kill two birds with one stone.