Hershey's Sues Pot Businesses Over Trademarks

Hershey’s does not approve of products that mimic their design and logos, so they’re suing for trademark infringement.

Marijuana-infused chocolates sold at Conscious Care Cooperative in North Seattle and ones manufactured by TinctureBelle in Colorado Springs are infringing on Hershey's "trademarks, goodwill and reputation," says the 120-year-old candy maker.

Hershey's filed suit against the Washington State dispensary located at 14032 Aurora Ave. N., claiming their "trademarks are iconic and among out most important assets. They are recognized by consumers around the world."

The original Ganja Joy packaging and Hershey’s Almond Joy.

TinctureBelle’s repackaged Ganja Joy bar.

At issue are edibles that mimic Hershey's brands Reese's Peanut Butter Cups (Reefer's Peanut Butter Cup) and Mr. Goodbar (Mr. Dankbar). Even though Conscious Care didn't manufacturer the chocolates, they're still the target of the suit. Hershey's is asking that they stopping selling them, destroy all inventory, account for all sales, and pay damages and legal fees. Both products in question are currently not listed on the dispensary's online menu.

TinctureBelle's chocolate edibles line includes Ganja Joy, Hasheath, Hashees and Dabby Patty. "We changed our entire label line approximately six months ago, long before these allegations surfaced last week," says president Char Mayes. "Our new packaging looks nothing like Hershey’s or anyone else’s. The lawsuit from Hershey has absolutely nothing to do with our current line of quality products. TinctureBelle will continue to operate and to serve our community. We hope this issue/misunderstanding with Hershey can be resolved as quickly as possible.”

The photo of the original Ganja Joy bar, provided by Hershey's as evidence of their claim against TinctureBelle, is "of the old packaging that was discontinued six months ago," one of their attorneys, Charles F. Luce Jr., tells CelebStoner. An example of the new Ganja Joy packaging is posted below it.

Dating back to the '90s, candy and snack products that mimic well-known brands by appropriating logos and package design have been sold at dispensaries in states where medical marijuana is legal.

Steve Bloom

Steve Bloom

Publisher of CelebStoner.com, former editor of High Times and Freedom Leaf and co-author of Pot Culture and Reefer Movie Madness.