Ferrara Wins Suit Against THC-Infused Nerds Knockoff

Feb. 2, 2022
Candy company gets injunction and all profits for dangerous trademark infringement.

Ferrara Candy Co. won a judgment against a trio of defendants for infringing on one of the Chicago-based company's trademarks by making a THC-infused version of Nerds candy.

The U.S. District Judge ruled Higharchy LLC, Reroot Chichaco LLC and Christopher J. Accetta violated Ferrara's trademark by making Medicated Bud Clusters and Medicated Bud Bites that bore imitations of Nerds marks. They were ordered to stop manufacturing the products and to pay Ferrara profits they made from them.

Ferrara based its suit on Illinois law that prohibits the sale of marijuana-related products that bear a resemblance to commercially available candies and for packaging that may appeal to children.

“Such infringement of our trusted brand makes it difficult for consumers, including parents, to distinguish between illegitimate, THC-infused product and legitimate candy," a Ferrara spokesperson told us. "We continue to combat this industry-wide issue and pursue various means to limit – and eliminate – these products, including cooperating with law enforcement agencies, investigating dispensaries and other retail outlets selling these infringing products, and pursuing legal action, where and when necessary, to protect consumers."

Ferrara has a similar suit pending in California that charges a company there of infringing Ferrara's Nerds, Trolli and SweeTarts trademarks. Ferrara also claims those knockoffs contain THC amounts that far exceed California's per-serving limits for edible cannabis products, according to Law360. The candymaker said children have become sick and been rushed to emergency rooms after consuming a THC-infused Medicated Nerds Rope product.

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