Wrigley Wins Big: Maker Of Candy-Copying Weed Products Guilty On Several Charges

[Rocky Mtn Squid]

Mars Inc's Wm Wrigley Jr. won a lawsuit against one of several cannabis producers for trademark infringement.

Wrigley had filed a lawsuit in Chicago and California federal courts last year against several sellers of marijuana products claiming their packaging infringed trademarks of the company’s popular Skittles, Starburst and Life Savers. The company also in the lawsuit said that marijuana businesses that use candy-company trademarks are creating serious risks for children, who can easily confuse the products for candy, which is in part why the conglomerate sued the businesses – to protect the public. Mars is one of the world's leading manufacturers of chocolate, chewing gum, mints and fruity candy.

Mars Inc's Wm Wrigley Jr. won a lawsuit against one of several cannabis producers for trademark infringement.


Wrigley had filed a lawsuit in Chicago and California federal courts last year against several sellers of marijuana products claiming their packaging infringed trademarks of the company’s popular Skittles, Starburst and Life Savers. The company also in the lawsuit said that marijuana businesses that use candy-company trademarks are creating serious risks for children, who can easily confuse the products for candy, which is in part why the conglomerate sued the businesses – to protect the public. Mars is one of the world's leading manufacturers of chocolate, chewing gum, mints and fruity candy.

"At Mars Wrigley we take great pride in making fun treats that parents can trust giving to their children and children can enjoy safely," a Wrigley spokesperson told Reuters via email. "We are deeply disturbed to see our trademarked brands being used illegally to sell THC-infused products."

One of the lawsuits was resolved by a judge who ruled in favor of the plaintiff. In the case of Wrigley vs. Roberto Conde, et.al, the justices sent a strong message to cannabis companies – parody can’t be a defense argument against trademark infringement, writes Canna Law Blog.

The judgment was declared against Steven Mata, who runs a marijuana edibles company in Orange County under the name OC420. Mata was advertising and selling edibles calling them “Medicated Skittles,” “Medicated Cannaburst Gummies,” and “Munchies Edible Deal.” The names and packaging were obviously crafted to imitate Skittles and Starbursts, creating an almost identical design.

The ruling confirmed that Mata’s conduct constituted trademark infringement, trademark dilution, unfair competition and deceptive acts, dilution under relevant California Business and Professions Code statutes and counterfeiting. The Court issued an injunction against any future counterfeiting, infringement, and deceptive acts.

Mata has to recall any products, packaging and advertising already produced and give them to Wrigley's attorneys for elimination. Further, Mata must give an accounting of all profits from these products and turn them over to Wrigley. He is also compelled to pay statutory damage of $2 million per counterfeit mark, pre-judgment interest as well as Wrigley’s costs, including legal fees.

SOURCE: https://www.msn.com/en-us/money/companies/wrigley-wins-big-maker-of-candy-copying-weed-products-guilty-on-several-charges/ar-AA10lzEZ?


RMS

 

[goingrey]

Some of the edible packages are straight ripoffs so Wrigley might have been in the right about this one.

Also agree with them when they say children might confuse them to be regular candy. Except that it's not limited to children, anyone could. Maybe I'm oldschool but I don't think medicine needs to be marketed this way.

Two million in addition to all profits and legal fees is a huge fine. How does it work do they really have to pay it or can they file bankruptcy and move on with their lives?

 

[Gypsy Nirvana]

The candy companies should be sued for sugar and processed food additive distribution - spreading useless carbohydrates around - and targeting children with their products - getting them addicted -

 

[St. Phatty]

The candy companies should be sued for sugar and processed food additive distribution - spreading useless carbohydrates around - and targeting children with their products - getting them addicted -

That's a little like saying that the chocolate bar companies should be sued for selling chocolate bars.

Should Toblerone be concerned ?

Healthwise ... when we ate that candy, we were also very active.

But when young people buy these products and then lead sedentary lives ... sounds like a recipe for Diabetes.

 

[Gypsy Nirvana]

Well Dr Sten Ekberg is telling me that 'sugar Is a drug' - and particularly the processed sugars - like there is in most all candy/sweets - are VERY BAD for us -

 

[goingrey]

That's a little like saying that the chocolate bar companies should be sued for selling chocolate bars.

Should Toblerone be concerned ?

Healthwise ... when we ate that candy, we were also very active.

But when young people buy these products and then lead sedentary lives ... sounds like a recipe for Diabetes.

Well Toblerone has already started making their product more healthy...

But yeah as kids candy was one of the most important things in life. The idea of candy being banned would have been a nightmare. Yet nobody was fat.

Sure we were active but aren't kids active nowadays too? Yeah video games and whatever, we played video games too. So why the childhood obesity epidemic?

I think the difference is that candy was a treat and not "lunch".

It's easy to blame the parents... And maybe appropriate if they're giving their kids Mars bars for lunch.

But it's not quite that simple. Everything is full of sugar nowadays. Even regular used-to-be-healthy foods like bread, yoghurt, chicken curry, whatever, all full of sugar... That's a bigger issue IMO.

Candy is candy and that's fair enough. Bread shouldn't be candy. But often it is.

 

[troutman]

The candy companies should be sued for sugar and processed food additive distribution - spreading useless carbohydrates around - and targeting children with their products - getting them addicted -

Where's the WHO?

 

[goingrey]

Where's the WHO?

Controlling the global obesity epidemic

<p>At the other end of the malnutrition scale, obesity is one of today’s most blatantly visible – yet most neglected – public health problems. Paradoxically coexisting with undernutrition, an escalating global epidemic of overweight and obesity – “globesity” – is taking over many parts of the...

www.who.int

 

[Gypsy Nirvana]

I've always had a sweet tooth - but realize that too much of a sweet/good thing is not really good for me - so limit my 'sweet treats' - and after watching this vid - it seems like sugar itself is not so bad - it's the volume of sugar ingested - that is getting more and more people diabetic -

 

[St. Phatty]

Sugar is a powerful Chemical or Drug for sure.

But as with Cannabis, I think Freedom is the way to go.

I think it's up to Parents to give their children guidance about Sugar.

 

[Redrum92]

I've always had a sweet tooth - but realize that too much of a sweet/good thing is not really good for me - so limit my 'sweet treats' - and after watching this vid - it seems like sugar itself is not so bad - it's the volume of sugar ingested - that is getting more and more people diabetic -

When it comes to "how bad" is sugar, it's all about "glycemic index". Essentially, how fast and hard does a carbohydrate hit your system. The simpler the carbohydrate, the higher the glycemic index, and the worse it will desensitize your insulin response, and be more likely to added as fat. Things you know as sugars are the least healthy (dextrose, fructose, sucrose), and things you know as "carbs" are "better" (the ones in whole grains, nuts/seeds, legumes) because they are usually more complex, thus taking time to break down, thus slowly releasing into your system at a natural rate it's used to.

Of course the dose makes the poison. You can hammer your body hard with sugar, to little detriment, if you only do it a few times a year. Or if you only have micro amounts of sugars, especially with some fat and protein, it also is of minimal detriment. It's a fascinating, wicked complicated subject.


As far as the OP, I'm shocked these brands ever thought they'd get away with it. I've seen weed Doritos, weed Nerd Ropes, you name it. Just silly. Cannabinoid candy is great without having to copy known brands.

 

[Gypsy Nirvana]

My apologies to the thread starter - kinda went off topic -
As Redrum said above - canna-candy companies need to come up with their own brands/logo's etc - and stop copying established brands - or they are looking for trouble -

 

[X15]

The candy companies should be sued for sugar and processed food additive distribution - spreading useless carbohydrates around - and targeting children with their products - getting them addicted -

Yeah man! Sugar is one hell of a drug! Esp from Corn!

 

[St. Phatty]

Yeah man! Sugar is one hell of a drug! Esp from Corn!

High fructose corn syrup is another chemical entirely.

It is made using catalysts that contain Mercury.

How neurotoxic is the end result ? a question worth asking.

HFCS depletes Vitamin D.

Sucrose doesn't.

 

[X15]

High fructose corn syrup is another chemical entirely.

It is made using catalysts that contain Mercury.

How neurotoxic is the end result ? a question worth asking.

HFCS depletes Vitamin D.

Sucrose doesn't.

ok, well I didn’t mean to call corn and sugar the same, but today There’s a lot of both.

 

[RobFromTX]

Mars Inc's Wm Wrigley Jr. won a lawsuit against one of several cannabis producers for trademark infringement.

Wrigley had filed a lawsuit in Chicago and California federal courts last year against several sellers of marijuana products claiming their packaging infringed trademarks of the company’s popular Skittles, Starburst and Life Savers. The company also in the lawsuit said that marijuana businesses that use candy-company trademarks are creating serious risks for children, who can easily confuse the products for candy, which is in part why the conglomerate sued the businesses – to protect the public. Mars is one of the world's leading manufacturers of chocolate, chewing gum, mints and fruity candy.

View attachment 18743643
Mars Inc's Wm Wrigley Jr. won a lawsuit against one of several cannabis producers for trademark infringement.


Wrigley had filed a lawsuit in Chicago and California federal courts last year against several sellers of marijuana products claiming their packaging infringed trademarks of the company’s popular Skittles, Starburst and Life Savers. The company also in the lawsuit said that marijuana businesses that use candy-company trademarks are creating serious risks for children, who can easily confuse the products for candy, which is in part why the conglomerate sued the businesses – to protect the public. Mars is one of the world's leading manufacturers of chocolate, chewing gum, mints and fruity candy.

"At Mars Wrigley we take great pride in making fun treats that parents can trust giving to their children and children can enjoy safely," a Wrigley spokesperson told Reuters via email. "We are deeply disturbed to see our trademarked brands being used illegally to sell THC-infused products."

One of the lawsuits was resolved by a judge who ruled in favor of the plaintiff. In the case of Wrigley vs. Roberto Conde, et.al, the justices sent a strong message to cannabis companies – parody can’t be a defense argument against trademark infringement, writes Canna Law Blog.

The judgment was declared against Steven Mata, who runs a marijuana edibles company in Orange County under the name OC420. Mata was advertising and selling edibles calling them “Medicated Skittles,” “Medicated Cannaburst Gummies,” and “Munchies Edible Deal.” The names and packaging were obviously crafted to imitate Skittles and Starbursts, creating an almost identical design.

The ruling confirmed that Mata’s conduct constituted trademark infringement, trademark dilution, unfair competition and deceptive acts, dilution under relevant California Business and Professions Code statutes and counterfeiting. The Court issued an injunction against any future counterfeiting, infringement, and deceptive acts.

Mata has to recall any products, packaging and advertising already produced and give them to Wrigley's attorneys for elimination. Further, Mata must give an accounting of all profits from these products and turn them over to Wrigley. He is also compelled to pay statutory damage of $2 million per counterfeit mark, pre-judgment interest as well as Wrigley’s costs, including legal fees.

SOURCE: https://www.msn.com/en-us/money/companies/wrigley-wins-big-maker-of-candy-copying-weed-products-guilty-on-several-charges/ar-AA10lzEZ?


RMS

The responsible parent wouldn't give their child the opportunity to confuse an eight of gorilla skittles with a bag of candy. Silly reason to sue somebody but it is trademark infringment

 

[Blue Rhino]

The candy companies should be sued for sugar and processed food additive distribution - spreading useless carbohydrates around - and targeting children with their products - getting them addicted -

Yeah, kind'a funny how a candy maker would call their products safe for children.

 

[D. B. Doober]

I would appeal that crap. Isn't marijuana like not recognized by the federal government?
Throw it out. It's not candy it's marijuana.

 

[Blue Rhino]

I would appeal that crap. Isn't marijuana like not recognized by the federal government?
Throw it out. It's not candy it's marijuana.

Trademark infringement is what the suit is about. These are from what I presume to be a non-legit dispensary in my area. I can guarantee you they don't have permission to use those names or other trademarks.

 

[Blacklight Botany]

Hopefully this will inspire people to think deeper and more creatively when naming and or branding their herb. The plant is such an artistic inspiration, it’s always blown my mind that brands would be copy cats of anything instead using the imagination juice that the Ganja gives