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
Meet the Michigan State Police Marijuana Investigation Division
Knock knock... Whose there? It's the Michigan State Police Marijuana and Tobacco Investigation...
Possession of Body Armor in Michigan
Recently we had a client who was also a medical marijuana patient (no firearms) who had an issue...
MRA – Immature Plant Sales Approval Process (Clones)
The administrative rules for marijuana businesses provide a pathway for cultivators –any type of...
Governor Whitmer Signs Marijuana Legislation with More to Come
Governor Whitmer Signs Marijuana Legislation Putting Michiganders' Health and...
Another Circuit Court Victory – Suppressed Evidence Leads to Dismissal
Summary: Komorn Law has won another case in Circuit Court. The Judge suppressed the 26...
Justice Clarence Thomas says marijuana laws may no longer be needed anymore.
June 28 (UPI) -- Federal regulations on marijuana may "no longer be necessary" as individual...
Marijuana Regulatory Agency, Michigan’s Electric Providers Offer Advice for Marijuana Home Grows
June 25, 2021 - Michigan's Marijuana Regulatory Agency - in conjunction with the Michigan...
UAW signals for GM to drop drug testing for cannabis and raise starting wage
The UAW calls for GM to cease drug testing for cannabis and raise starting wages. General Motors...
Michigan Officials Wipe Away Past Marijuana-Related Convictions
Governor Gretchen Whitmer and Lt. Governor Garlin Gilchrist joined Attorney General...
Michigan House Passes Bill to Close Loophole in Cannabis Legislation
The Michigan House has passed legislation that would close a loophole allowing the sale of...