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
Medical Examiner Changes Cause of Death in Warren
Defense attorneys for two of three men charged with manslaughter after a killing in Warren say the...
Macomb judge allows medical marijuana use on probation
This is an older article from 2012... but current news and victories are forthcoming. So we like...
Defense Attorneys suggest MSP May Have A Conflict of Interest Over Breathalyzer Investigation
The Michigan State Police says it has discontinued the use of 203 breathalyzer machines, and it’s...
Michigan State Police launch an investigation into breathalyzer test results
The Michigan State Police suspended the contract with Intoximeters Inc, the company that issues...
Defense attorney says drivers should refuse Michigan’s new roadside drug tests
Multiple defense attorneys say they would advise that their clients refuse Michigan’s new statewide roadside drug tests.
Michigan Supreme Court Gives OK to Phones in Courts
The public can now bring cell phone, tablets and laptops into Michigan courthouses under a groundbreaking policy announced Wednesday by the state Supreme Court.
You Won’t Lose Your Gun Just For Smoking Recreational Marijuana
You Won't Lose Your Gun Just For Smoking Recreational Marijuana - In Illinois. 11,000 marijuana...
Case Dismissed-Case Closed
Overcharged As it goes, my clients were overcharged with crimes involving drugs, guns, bombs and...
Colorado Supreme Court to weigh in on how judges decide when people on probation can use medical marijuana
Colorado courts are still trying to figure out the ground rules for people using medical marijuana while on probation, and the state Supreme Court will weigh in
Komorn Law Promo Video
For over 25 years Komorn Law has been a trusted adviser providing outstanding, results-focused...