sues Colorado company over look-a-like marijuana edibles
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[June 07, 2014]
DENVER (Reuters) - Hershey
Co has sued a Colorado maker of marijuana edibles,
saying the packaging of its products is too similar to
those made by the Pennsylvania-based chocolate and candy
The trademark infringement lawsuit, filed this week in the U.S.
District Court in Denver, says the Ganja Joy bars made by
TinctureBelle LLC and TinctureBelle Marijuanka LLC too closely
resemble Almond Joy produced by Hershey.
It also says three other marijuana edibles - Hasheath, Hashees and
Dabby Patty - are knock-offs of Hershey's Heath, Reese's peanut
butter cups and York peppermint patty candies.
In addition to trademark infringement, the lawsuit said
TinctureBelle's behavior "also creates a genuine safety risk with
regard to consumers, including children, who may not distinguish
between Hershey’s candy products and defendants’ cannabis" and might
eat the marijuana edibles by mistake.
It was not immediately possible to contact TinctureBelle for comment
on Friday. A website in their name was out of action.
Voters in Colorado approved a landmark ballot measure legalizing
recreational marijuana for adults in 2012.
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Last month, Governor John Hickenlooper tightened controls on edible
and concentrated forms of marijuana as concerns mount about safety
issues over pot-infused goodies after two adult deaths possibly
linked to such products.
Among the steps taken was the creation of a task force to design
packaging for marijuana edibles such as cookies and candy that makes
them easily distinguishable from regular foods.
(Reporting by Daniel Wallis; Editing by Paul Tait)
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