- Posted by Noni Cavaliere
- On April 30, 2018
- 0 Comments
It’s a name we all know and love, one that’s likely to remind you of the sweet taste of chocolatey satisfaction – that is, unless, you’re one of the cannabis companies facing it in court. The Hershey Co. is known for their delicious candies and chocolates and is easily one of the most recognizable brands in American history. However, in recent years, they’ve also become known for something else far less sweet: a focused attack on any companies that tread too closely to their copyright.
For any business, copyright infringement is no joke. Hershey’s certainly wasn’t laughing when they discovered a cannabis edibles company that had products similarly named to a few popular Hershey’s treats. In 2014, their legal team put the pressure on a small Colorado-based company named Tincture Belle, accusing them of copyright infringement.
The products that Hershey’s took issue with were called Hasheath, Ganja Joy, and Dabby Patty. The mega candy company argued that between the packaging and the names, Tincture Belle’s products were far too similar to the Heath, Almond Joy, and Peppermint Patty candies. Hershey’s earned a victory in the case, and the cannabis industry learned a valuable lesson. There was another case in which not only the producer of the product was sued, but so was a local dispensary that happened to sell it.
Many small cannabis companies have been intimidated by this and other Hershey’s cases. Nobody wants to go up against a corporate giant, because losing your case can mean expensive lawyer fees, time wasted in court, and possibly even the end of your business and livelihood. There’s a valuable lesson to be learned from the Hershey’s situation, one that all cannabis companies should take very seriously: hire an expert to keep you in line.
Copyright infringement can be a tricky business, especially when it comes to an understanding how to toe the line. By hiring a professional marketing team, you’re gaining the expertise and knowledge that will keep your company safe. A good marketing team is an asset in and of itself, but the right one can make sure that you aren’t stepping to close to a big-name brand with your products. You can have the creative space to have fun with your products while partnering with a team that can keep you, your business and your money safe.