Many cannabis businesses are capitalizing on popular food and beverage brand names to sell their products. Brands like Wrigley’s Skittles, Starburst, and Life Savers have been used in association with cannabis products though they were not licensed through the parent company. This has caused food and beverage companies to crack down on cannabis companies infringing on their trademarks or causing confusion in the marketplace. Managing Intellectual Property interviewed Finnegan partner Mark Sommers for his insight on this issue.
Despite receiving cease and desist letters from the trademark owners, if the trademark is not registered in the cannabis industry, some cannabis companies refuse to back down. However, according to Mark, when a brand’s product is unrelated to cannabis, to show infringement, the brand owner may be able to point to a defendant’s intent. If the company is able to show that the cannabis business sought to trade off its goodwill, it may be able to win its case.
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