MENU Close
Close
  • Home
  • Services
  • Attorneys
  • Resources
  • News & Events
  • About Us
  • Contact Us
  • Join our Team
Search
Back
    Quick Links:
    Join Webinar
    Read News
    Our Location
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCriminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawEstate Planning and Administration & Wealth PreservationExecutive Compensation, Employment, ERISA, and Employee Benefits
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media LawMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources
    • News
    • Events
    • Webinars
    • About Us
    • Delivering Value
    • Diversity & Inclusion
    • Meritas

    New Jersey

    400 Crossing Boulevard
    8th Floor
    Bridgewater, NJ 08807
    Phone:(908) 722-0700
    Fax:(908) 722-0755

    28 Valley Road
    Suite 1
    Montclair, NJ 07042

    New York

    7 Times Square
    21st Floor
    New York City, NY 10036
    Phone:(212) 808-0700
    Fax:(212) 808-0844

    Pennsylvania

    515 West Hamilton Street
    Suite 502
    Allentown, PA 18101
    Phone:(610) 391-1800
    Fax:(610) 391-1805

    • What sets us apart
    • Attorneys
    • Other Professionals
    • Professional Development
    • Non-Discrimination Policy

    Categories

    Copyright Copyright Infringement Copyright Licensing Copyright Office Court Decisions Double Patenting>Same Invention Double Patenting>Terminal Disclaimers Drafting Patents Drafting Patents>Claims Drafting Patents>Claims>Written Description False Advertising Federal Circuit Food & Beverage General In The News Intellectual Property Labeling Lanham Act Legislation Licensing Navigating the Patent Office Navigating the Patent Office>Examiner Interviews Obviousness/Inventive Step>Prima Facie Obviousness Patent Patent Eligibility Privacy Right of Publicity Social Media Supreme Court Trade Dress Trademark Infringement Trademark Infringement|Trademark Registration|Trademarks Trademark Infringement|Trademarks Trademark Office Trademark Registration Trademark Registration|Trademarks Trademarks TTAB Uncategorized Unfair Competition
    Blogs > More Than Your Mark® > Trademark Parody: Sour Patch Kids...
    Norris McLaughlin, P.A.
    Visit Profile

    Trademark Parody: Sour Patch Kids Sues Cannabis Brand to Protect IP

    Trademark Parody: Sour Patch Kids Sues Cannabis Brand to Protect IP

    Sour Patch Kids-maker Mondelëz Canada Inc. (“MCI”) has filed a trademark lawsuit against a THC-infused gummies maker selling under the brand “Stoney Patch.” July 19, 2019, in the U.S. District Court for the Central District of California. Mondelëz Canada Inc. v. Stoney Patch, 2:19-cv-6245, was filed. This case is emblematic of the strategies that brand owners, particularly candy brand owners, are facing against copycat cannabis-infused edibles whose branding parodies well-established brands.  Certainly, the challenge of enforcement against anonymous infringers is more sour than sweet.

    In the complaint, MCI alleges that Stoney Patch’s company name, branding, and packaging are confusingly similar to MCI’s, and that such copycat antics are willful and intentional attempts to trade off of the goodwill and reputation of MCI.  Such unauthorized use will cause consumer confusion and irreparable harm to its trademark rights and “worldwide reputation as a purveyor of high quality, family friendly snacks and candies.”

    MCI has been marketing Sour Patch Kids candies in inherently distinctive packaging in the United States since 1985, and sells tens of millions of packages of the candies here each year.  MCI has spent over $70 million in its advertising and promotional activities. MCI asserts that a result of these extensive advertising and promotional activities, the Sour Patch brand is famous, and is exclusively associated with MCI.  MCI also raised concerns about Stoney Patch’s packaging and labeling, which, MCI argues, is targeted to children and is easily confused with MCI’s Sour Patch candies that are sold to children.

    Based on the factual allegations, MCI asserts trademark and trade dress infringement, trademark dilution, and unfair competition claims. In addition to preventing Stoney Patch from using the Sour Patch trademarks and trade dress, and MCI seeks injunctive relief, destruction of infringing goods, monetary relief (including treble damages), and attorney’s fees and costs.

    Not much is known about Stoney Patch, and MCI claims that Stoney Patch has taken deliberate measures to avoid detection by authorities. These include the absence of any company name or contact information on the packaging and the lack of a company website.  The only known advertising is apparently through Instagram, but as of the date of this blog post, Stoney Patch appears to have removed all content from its Instagram page, @stoneypatchkids.

    In light of Stoney Patch’s anonymity, MCI will have the challenge of serving the summons and complaint on a devious defendant.  However, it may be that filing the complaint has achieved MCI’s main goal of shutting down Stoney Patch’s operations, which appear to have been conducted only through its, now seemingly defunct, Instagram account.

    If you have any questions about trademark enforcement in the food and beverage or cannabis industries, please contact Danielle DeFilippis at dmdefilippis@norris-law.com or Jeanne Hamburg at jhamburg@norris-law.com.

    Norris McLaughlin, P.A.
    Visit Profile

    Related Posts

    Around the World and Back Again: Tips for Global Brand Protection US Patent and Trademark Office Suspends Action on Trademarks Critical of Public Figures Hermés Wins on Metabirkins Cryptobags

    Share

    Tags

    #trademark cases #trademark law

    Similar Posts

    May 5, 2023
    A Suit Over Seeds is Sprouting in Missouri
    A Suit Over Seeds is Sprouting in Missouri
    April 21, 2023
    Chipotle’s Trademark Challenge Leads to Sweetgreen Renaming New Menu Item
    Chipotle’s Trademark Challenge Leads to Sweetgreen Renaming New Menu Item
    February 24, 2023
    Hermés Wins on Metabirkins Cryptobags
    Hermés Wins on Metabirkins Cryptobags

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Events
    • Join our Team
    Connect

    Connect with Us

    • LinkedIn
    • Facebook
    • Twitter
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more