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
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
Michigan’s expungement laws will change in April
On Oct. 12, Whitmer signed House Bills 4980-4985 and 5120 into law to expand and simplify the...
Patients can use medical marijuana while on probation in Michigan, appeals court rules
AP) — Judges can't prevent people from using medical marijuana while on probation for a crime, the...
Michigan judges can’t stop medical marijuana use by probationers
Registered patients previously barred from using medical marijuana while on probation may now...
Victory for Medical Marijuana Patients in Michigan Court of Appeals
Medical marijuana patients have had their doctor recommended use of cannabis while on probation in...
Study – Excretion of 9 TetraHydroCannabinol in Sweat
Summary of this paper Our Machine-Learning algorithms scan the text for the most important...
Joe Biden’s executive orders and actions – Jan 2021
February 2021 Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and...
Michigan Covid Stats Feb 8, 2021
Where Michigan Stands with COVID-19 Update 2-8-21 The State of Michigan is working around the...
MDHHS Covid Rules Issued January 22, 2021
Michigan law gives the Michigan Department of Health and Human Services (MDHHS) the authority to...
2 Days In – Bidens Executive Orders and Memorandums
Disclaimer: The information provided to you below is from a 3rd party and has not been fact...
Inaugural Address by President Joseph R. Biden, Jr.
The United States Capitol 11:52 AM EST THE PRESIDENT: Chief Justice Roberts, Vice President...