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
Federal data unmasks the epidemic of 76 billion opioid pills
There's a database maintained by the Drug Enforcement Administration that tracks the path of...
Proposed bill would expunge records of many marijuana offenses
It was Nov 6th 2018... a date many will never forget...a date many never perceived marijuana would...
Employers Can Refuse to Hire and Terminate Medical Marijuana Users
An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana.
Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt
Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines.
Michigan Adult Recreational Use of Marijuana
What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating...
THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN
Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry.
Michigan cities opting out of recreational marijuana
Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer.
MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES.
Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace.
Michigan Released Emergency Recreational Marijuana Rules For Establishments
Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released.
House Votes To Block Feds From Enforcing Marijuana Laws
The House of Representatives approved a measure on Thursday to prevent the DOJ from interfering with individual state marijuana laws