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
Is smell enough to justify search warrant? Bloomfield Township man appealing decision on marijuana case
“This case is important for Fourth Amendment issues (regarding protection against unreasonable search and seizure) for constitutional reasons,” Komorn said, “
Iron Laboratories to Pay 100K Fine as Part of Settlement with Michigan’s MRA
Iron Laboratories, LLC, a Walled Lake marijuana safety compliance facility that had its license summarily suspended in August, has entered into a settlement agreement with the Marijuana Regulatory Agency (MRA)
Marijuana Regulatory Agency Releases Licensing for Adult-Use Applications
The Michigan Marijuana Regulatory Agency (MRA) released the application process and requirements for adult-use recreational marijuana business licenses.
Michigan AG Establishes Wrongful Imprisonment Compensation Board
September 25, 2019 LANSING –Michigan Attorney General Dana Nessel today established a...
Michigan AG Joins Bipartisan Coalition of 21 Attorneys General Urging Congress to Pass Marijuana Banking Bill
LANSING – Taking steps to protect Michigan’s emerging marijuana industry and its consumers,...
National Expungement Panel of Legislators in Michigan
Local Expungement Panel of legislators and victims of the system discuss and tell their stories about working toward getting criminal records expunged for millions throughout the U.S.
Federal Court Dismisses Lawsuit Against Cops Accused Of Stealing $225K
A federal appellate court on dismissed a lawsuit claiming that 3 police officers alleged to have...
Michigan State Police Drunk Driving Audit Report
The crash program has been in existence since Public Act 300 of 1949. All law enforcement agencies...
The Michigan Medical Marijuana Act: The First 24-Months
In Case You Missed It - What was someone thinking in 2010 about Michigan Medical Marijuana. A blog...
Michigan communities with highest violent crime rate
Benton Harbor was Michigan's most violent city in 2017, based mostly on FBI statistics released...