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.
![Better Made - Better Smoke Lawsuit 1](https://komornlaw.com/wp-content/uploads/2024/04/Better-Made-Better-Smoke-Lawsuit-1.jpg)
![Better Made Company sues Cannabis Companies](https://komornlaw.com/wp-content/uploads/2024/04/Better-Made-Company-sues-Cannabis-Companies.jpg)
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
No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
More Posts
Judge blocks media access to Michigan marijuana hearings
Michigan’s largest-ever marijuana recall is at the center of a court matter that the public is...
The Marijuana Industry Paid an Extra $1.8 Billion in Federal Taxes Because of the 280E Tax Code
News from the internet Why legalize cannabis when 280E is the gift that keeps on giving to the...
DUI in Michigan
DUI in MichiganDriving under the influence (DUI) is a serious offense in Michigan that can result...
Stolen Cannabis flies from a stolen truck during police chase after Bay County marijuana store heist
BAY CITY, MI — In the darkness of the early morning, a stolen pickup truck fled down I75, running...
Conducting Criminal Enterprise Charges (CCE)
Conducting Criminal Enterprise laws and penalties in MichiganConducting Criminal Enterprise (CCE)...
Michigan’s DUI Laws and Penalties
Michigan's OWI Laws and PenaltiesAn DUI / OUI / OWVI conviction requires proof only that the...
Michigan Law on Boating Under the Influence
Michigan Laws on Boating Under the InfluenceBoating is a fun activity, but it can be dangerous if...
I was arrested what should I do
I was arrested what should I doIf you have been accused of any Crime or DUI.Call Our Office If...
Driving Privileges in Michigan
Driving is an essential part of everyday life for many Michigan residents. Whether it's commuting...
4th Amendment Violation
The court granted our motion to Suppress and Dismiss all evidence “ The manner by which the...