Better Made Takes Legal Stand Against Cannabis Companies Over Trademark Misuse

March 27th, 2024 Legal & Crime
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Better Made Snack Foods Inc., a staple in the metro Detroit snack food market since 1930, known for its potato chips and related products, has initiated legal action against multiple Michigan-based cannabis companies. The lawsuit, filed in the U.S. District Court for the Eastern District of Michigan, accuses these entities of unauthorized use of the Better Made trademark on their cannabis flower and edible product packaging.

The legal complaint highlights that Better Made did not grant permission to these companies to leverage its trademark, thereby alleging violations of both federal and state copyright laws. The defendants include a wide array of cannabis businesses, ranging from growers and retailers to distributors. In total, more than thirty companies are implicated in the lawsuit for infringing upon Better Made's intellectual property rights.

Companies named in the lawsuit are: IVP Holding, LLC, House Brands Distro, High Society 2, Zen Republic, LLC, Olswell Cannabis Company, Olswell-Adrian, The Earle of Smoke II, LLC, House of Dank Grand Rapids, Detroit Herbal Center, The High Club, Royal Highness, LLC, Herbology Cannabis Co., MJC Development, LLC, Cannabis King, Cafiero Family Ventures, LLC, King of Budz Ferndale, Carmen Selena Investments, LLC, Royal Highness PC3 LLC, Flower Bowl River Rouge, Greencare Provisioning LLC, Mid Ventures, LLC, Greencare Provisioning Center, Inkster Microbusiness LLC, Nar Inkster, Indica LLC, Sticky Muskegon, Lucky Pablo, Inc., Lucky's Cannabis Company, Pure Buds, LLC, Quest Cannabis, NBT Group LLC, URB Cannabis, Parom Holdings, LLC, and URB Cannabis Company.

The crux of Better Made's grievance stems from the discovery in August 2023 of the defendants' unlicensed use of its trademark, observed in online platforms and physical product packaging. Despite Better Made's efforts to communicate its concerns through a formal letter and multiple emails sent on August 15th, 2023, urging an immediate halt to these copyright violations, the plea seemingly went unanswered. Although one defendant purportedly ceased the use of the trademark on their website following this communication, reports of continued misuse across other mediums prompted further action.

Notably, customers alerted Better Made to ongoing trademark infringements in December 2023 and January 2024. Subsequent attempts by Better Made's legal counsel to resolve the matter through discussions with a representative lawyer for the defendants yielded promises of rectification that were ultimately unfulfilled, leading to the persistence of the issue.

In seeking redress through the courts, Better Made demands financial compensation and a judicial order to permanently prohibit the defendants from employing the Better Made trademark in any capacity, including within their websites, advertising campaigns, packaging, and manufacturing processes. This legal move underscores the snack food company's determination to protect its brand integrity and copyright ownership against unauthorized exploitation.

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