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
MICHIGAN COURT RULES-NO MARIJUANA SMOKING IN PARKED CARS
According to MLive the Appeals Court concluded that it is illegal for medical marijuana...
MICHIGAN HEMP INDUSTRIES – MEETING – May 29 2019
https://michiganhempindustries.com/michigan-hemp-industries-meeting-5-29-2019/ Who: Michigan Hemp...
Traveling by Air With CBD-Can You?
CBD has swiftly made its way into every aspect of daily life including air travel. Rules and...
Federal Marijuana Revenue and Regulation Act – The 420 Bill
According to the new bill, the Marijuana Revenue and Regulation Act has been given the surname of S. 420
Marijuana Regulatory Agency Addresses Recent Court Decisions
May 2, 2019 – As of April 30, 2019, the Marijuana Regulatory Agency (MRA) was established via...
Bubba Watson partners with CBD company amid PGA Tour warning
Bubba Watson announced a partnership with cbdMD on Wednesday, which comes less than two months after the PGA Tour reportedly issued a warning to its golfers about the use of CBD.
Michigan officials end caregiver marijuana supply to medical pot shops
Effective immediately, licensed medical marijuana provisioning centers can no longer stock their shelves with products grown by caregivers, the Marijuana Regulatory Agency announced Thursday in a press release.
Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses
“At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’”
Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval
May 1, 2019 – Effective today, medical marijuana patients in Michigan who apply for their marijuana registry card online may now use their approval email…
LARA FAQ – Temporary Registration Card
Can my application and physician certification serve as a temporary registration card?