The Hershey Company – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-week-2/ https://legacy.lawstreetmedia.com/news/icymi-best-week-2/#comments Mon, 20 Oct 2014 10:32:47 +0000 http://lawstreetmedia.wpengine.com/?p=26846

Missed out on some of the most interesting news last week? Don't worry, we've got you covered.

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Missed out on some of the most interesting news last week? Don’t worry, we’ve got you covered. From satirical gateway drugs to a city overrun by clowns, last week was certainly one for the books. Writer Anneliese Mahoney took the top two spots with her reporting on police who struck out in their drug searches but came out with a handful of okra and some frisbee equipment, as well as a look t the city of Wasco, California, which may or may not be crawling in clowns; Alexandra Badalamenti write the number three post of the week on Hershey’s lawsuit against the maker of Hashees, a curiously similarly named weed edible. ICYMI, here is Law Street’s Best of the Week.

#1 Frisbees and Okra: The New Gateway Drugs

The national attitude towards pot has been evolving for some time now. Marijuana has now officially been decriminalized in a number of states, and even legalized in two: Oregon and Washington. But even as our national view towards marijuana changes, our misperceptions don’t necessarily follow suit. This split has led to a couple funny stories making the national news this week. One directly relates to those aforementioned stereotypes. A video in Ankeny, Iowa has been making its rounds on the internet. In it, a police officer tries to search a driver’s car, because apparently, people who play disc golf also smoke weed. (Read full article here)

#2 What’s the Deal With the Clown Problem in Wasco, California

If you’re a member of the Wasco California Police Department, you’ve had an interesting week. Wasco, near Bakersfield, has been all over the news for an interesting problem it’s having. But is it actually a problem, or a weird hoax turned viral? Google it and you’ll see a bunch of headlines about crazy clowns terrorizing the town and stalking people. (Read full article here)

#3 Hershey’s Settles Trademark Suit With Hashees Marijuana Edibles Maker

The Hershey Company has settled a lawsuit and simultaneously protected millions of little children across the country from becoming future cannabis users. The maker of the legendary chocolate Kiss, Peppermint Patty, and (my personal favorite) Reese’s Peanut Butter Cup settled a suit against marijuana candy manufacturer TinctureBelle LLC. Filed this summer, the suit was in response to TinctureBelle’s “medicated gourmet edibles,” many of which boast names allegedly mimicking those of the Hershey Company’s treats. (Read full article here)

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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Hershey’s Settles Trademark Suit With Hashees Marijuana Edibles Maker https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hersheys-settles-trademark-suit-with-hasheesmarijuana-edibles-maker/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hersheys-settles-trademark-suit-with-hasheesmarijuana-edibles-maker/#comments Wed, 15 Oct 2014 10:30:34 +0000 http://lawstreetmedia.wpengine.com/?p=26563

The Hershey Company has settled a lawsuit and simultaneously protected millions of little children across the country from becoming future cannabis users. The maker of the legendary chocolate Kiss, Peppermint Patty, and (my personal favorite) Reese’s Peanut Butter Cup settled a suit against marijuana candy manufacturer TinctureBelle LLC. Filed this summer, the suit was in response to TinctureBelle’s "medicated gourmet edibles," many of which boast names allegedly mimicking those of the Hershey Company's treats.

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The Hershey Company has settled a lawsuit and simultaneously protected millions of little children across the country from becoming future cannabis users.

The maker of the legendary chocolate Kiss, Peppermint Patty, and (my personal favorite) Reese’s Peanut Butter Cup settled a suit against marijuana candy manufacturer TinctureBelle LLC. Filed this summer, the suit was in response to TinctureBelle’s “medicated gourmet edibles,” many of which boast names allegedly mimicking those of the Hershey Company’s treats.

TinctureBelle is clever, I’ll give them that. Some of its product names included “Hashees,” “Ganga Joy,” and “Hashheath.” Who doesn’t enjoy a good pun? Well, Hershey. The Pennsylvania-based company wasn’t laughing when it sued the Colorado-based company for trademark infringement.

The purpose of a trademark is to avoid confusion among consumers between two products. Hershey argued that similarities in product names would do just that and expressed concern over maintaining their wholesome reputation as a company whose biggest fans are children.

“The Hershey Company’s trademarks are iconic and among our company’s most important assets,” explained Hershey’s spokesman Jeff Beckman. “They are recognized by consumers around the world, and our company has spent as many as 120 years building the trust and equity in these iconic brands. Consumers depend on our brand names to represent a level of quality and dependability. These entities have used Hershey’s trademarks, without authorization, to trade on Hershey’s goodwill and reputation, and to draw greater attention to their products; these unauthorized uses of Hershey’s trademarks also make the products more appealing to children.”

TinctureBelle must now refrain from using names that infringe on Hershey products. According to the Denver Business Journal, this includes the destruction of “all remaining specimens of each product, including without limitation cartons, containers, packaging, wrappers, labels, displays and any other material.”

TinctureBelle owner Char Mayes released a statement asserting that “the lawsuit from Hershey came as a huge surprise to us, because we changed our entire label line approximately six months ago, long before these allegations surfaced.”

With one Google search of TinctureBelle’s products, you will find that the packaging does resemble that of Hershey’s delicious treats. It’s pretty obvious.

TinctureBelle now begins the walk of shame with this settlement. It has agreed to disable an Internet site that had been designed to raise money for the legal battle against Hershey. It promised not to register trademark for the names involved in the suit and will have to pay $25,000 per trademark breach of the settlement going forward.

It seems as though Hershey’s legal department is actually quite busy lately. TinctureBelle isn’t the only company in its path of legal destruction. In June it filed a suit against Conscious Care Cooperative over a similar marijuana-based candy issue. And in September, the Hershey Company filed a lawsuit against LBB Imports LCC over trademark infringement of foreign candy.

Meanwhile, Hershey is playing defense against Mars, which accused the candy company of copying its red-colored packaging.

October’s Halloween holiday can mean many things — spookiness and fear, high candy sales, and now salty executives caught up in some sweet trademark hell.

Alexandra Badalamenti (@AlexBadalamenti) is a Jersey girl and soon-to-be graduate of Fordham University in Lincoln Center. She plans to enroll in law school next year to study Entertainment Law. On any given day, you’ll find her with big blonde hair, high heels, tall Nashville dreams, and holding a newspaper or venti latte.

Featured image courtesy of [slgckgc via Flikr]

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