Judge: Knock Off Cannabis Candy Knockoffs

May 10, 2021
A federal judge in California has ordered a cannabis company to stop selling pot-infused candy that resembles Nerds Rope from Ferrara Candy Co.

A federal judge in California has ordered a cannabis company to stop selling pot-infused candy that resembles Nerds Rope from Ferrara Candy Co.

Ferrara sued Tops Cannabis for trademark infringement last year, charging that its Medicated Nerds Rope cannabis-infused product looks too much like Nerds Rope. Federal judge Stephen Wilson of the Central District of California agreed, ordering Tops on May 4 to pay all profits deriving from “trademark infringement” to Ferrara, stop manufacturing Medicated Nerds Rope, destroy all stocks of the product, and notify customers that it is now illegal.

Ferrara stated in the lawsuit that it sought “to protect its consumers from inadvertent consumption of THC,” the psychoactive component of cannabis.

“We welcome this court’s judgment. It rewards our efforts to stop the unauthorized sale of THC-infused product under our famous Nerds trademark, and that such infringement of our trusted brand makes it difficult for consumers, including parents, to distinguish between illegitimate, THC-infused product and legitimate candy," Sarah Kittel, VP of corporate affairs, said in a statement after the judgment was handed down. "Ferrara will continue to pursue these infringing sales of THC-infused products under our trademarks, where and when necessary, to protect our consumers from such deceptive products.”

Mars Wrigley is also suing several cannabis marketers for unauthorized versions of its products, including “Zkittlez,” a knockoff of its Skittles brand. Mars’ trademarks for Starburst and Life Savers candies are similarly compromised by cannabis products, Mars charges in lawsuits filed May 3 in California, Illinois and Canada.

“Mars Wrigley strongly condemns the use of popular candy brands in the marketing and sale of THC products, which is grossly deceptive and irresponsible,” the company said in a statement. “The use of Mars Wrigley's brands in this manner is unauthorized, inappropriate and must cease, especially to protect children from mistakenly ingesting these unlawful THC products.”

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