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
Related Articles
Michigan Problem-Solving Courts Granted Nearly $19 Million
"Data show these programs strengthen communities by reducing crime, boosting employment"LANSING, MI, October 24, 2024 (Substance Abuse Prevention Month) – The Michigan Supreme Court announces that the State Court Administrative Office (SCAO) has awarded $18,823,910...
Michigan House Bill 5451 of 2024
Michigan House Bill 5451 of 2024: A Step Toward "Safer Communities"Michigan House Bill 5451, introduced by Representative Sharon MacDonell in February 2024, aims to enhance firearm safety in homes with children. The bill mandates that the Department of Health and...
Michigan House Bill 5450 of 2024
Step by StepMichigan House Bill 5450 of 2024 is a bill that was introduced by Representative Sharon MacDonell on February 14, 2024. The bill was referred to the House Committee on Education and was reported with a recommendation with a substitute on May 14, 2024. The...
Cambridge Analytica data breach comes before court
Oral arguments in Facebook v. Amalgamated Bank will beginThe justices are set to review securities law as they hear arguments in a significant case linked to the 2015 data breach involving Cambridge Analytica and Facebook. The tech giant’s effort to fend off federal...
More Posts
Detroit Renaissance Center Could See Two Towers Knocked Down
Two towers of Detroit’s Renaissance Center would be razed and the complex converted to a mix of...
What do you do when you are pulled over for suspected DUI?
If you are pulled over for suspected drunk driving you are probably going to be arrested. The less...
Michigan Problem-Solving Courts Granted Nearly $19 Million
"Data show these programs strengthen communities by reducing crime, boosting employment"LANSING,...
Michigan House Bill 5451 of 2024
Michigan House Bill 5451 of 2024: A Step Toward "Safer Communities"Michigan House Bill 5451,...
Michigan House Bill 5450 of 2024
Step by StepMichigan House Bill 5450 of 2024 is a bill that was introduced by Representative...
Trump plans – How does Cannabis Business fit in?
You work hard. Now get ready to work harder to prepare to give more.President Biden's...
When Can Police Take Your Dash Cam?
You work hard. Now get ready to work harder to prepare to give more.In Michigan, police can take...
When Can Police Confiscate Your Drone in Michigan?
Someone asked us... Can the police take my drone?As we have seen ... They can charge, arrest you...
People who are going to need a Lawyer – November 12, 2024
People who are going to need a LawyerMan so drunk field sobriety tests were ‘too dangerous’...
Cambridge Analytica data breach comes before court
Oral arguments in Facebook v. Amalgamated Bank will beginThe justices are set to review securities...