Better Made vs. Cannabis Companies: A Michigan Trademark Dispute

Summary

Better Made, is embroiled in a legal battle with over a dozen cannabis businesses in the state. The lawsuit, filed in March 2024, centers on allegations of trademark infringement. Better Made claims a cannabis brand named “Better Smoke” is using a logo confusingly similar to their own, potentially misleading consumers and damaging their brand reputation.

Trademark Infringement Claims

Better Made asserts that the “Better Smoke” logo replicates key elements of their established trademark. This includes a similar design layout and potentially the use of a similar color scheme. The lawsuit argues that this similarity is likely to cause consumer confusion, leading people to believe the cannabis products are somehow affiliated with Better Made potato chips.

Protecting Brand Identity

The core of Better Made’s case rests on the concept of trademark infringement. Trademarks are symbols or designs that identify a specific source of goods or services. By establishing a trademark, companies gain legal protection against others using confusingly similar marks that could mislead consumers.

Dangers of Dilution

Beyond simply avoiding confusion, Better Made also claims trademark dilution. This legal concept protects against uses that weaken the distinctiveness of a brand, even if there’s no immediate confusion. In this case, Better Made argues that the “Better Smoke” brand chips away at the unique identity they’ve built for their own products.

Legal Repercussions

Better Made seeks both monetary damages and an injunction. An injunction is a court order prohibiting the defendants from using the allegedly infringing logo. If successful, this could force the “Better Smoke” brand to redesign its packaging and marketing materials.

The Road Ahead

The outcome of this lawsuit will be closely watched by businesses in both the food and cannabis industries. A win for Better Made could set a precedent for how established brands can protect themselves from potential confusion caused by cannabis businesses using similar names or logos.

Real Questions from Real Calls

Question: I smoked several joints and consumed too many marijuana edibles at a concert in the park.  Is that legal??

Answer: If it was not a state licensed consumption event the answer is no. It is unlawful to smoke marijuana in public places. The Gov needs to get their cut.

333.27954 Scope of act; unauthorized activities with marihuana and marihuana accessories; limitations; application of privileges, rights, immunities, and defenses under other marihuana laws; employer rights; property owner rights.

Sec. 4. 1. This act does not authorize:

(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;

Read the Law

https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Initiated-Law-1-of-2018.pdf

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Not a good idea

A woman, who was allegedly under the influence of cannabis, experienced a moment of panic while riding in a rideshare vehicle. In a concerning turn of events, she chose to abruptly exit the moving vehicle on I-96 near I-94, according to reports from state police.

While state police were enroute, it was reported that a 31-year-old Detroit woman, the victim, had managed to escape from the vehicle during what appeared to be a kidnapping.

Witnesses recounted an incident where a woman abruptly leapt out of a vehicle in the left lane of I-96. Subsequently, a rideshare driver informed that she had disembarked from his vehicle due to her discontent with the chosen route towards downtown Detroit.

“During she interview it was determined she was under the influence of marijuana and had anxiety because she saw a sign that said Port Huron and panicked thinking he was taking her somewhere else,” state police said on X.

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