Food Hershey sues imprisoned marijuana candy maker alleging trademark infringement

caitlin1214

caitlin1214

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Jul 7, 2006
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#1
Hershey sues imprisoned marijuana candy maker alleging trademark infringement



Sun May 20, 10:45 PM


SAN JOSE, Calif. (AP) - It was a big enough bummer for Kenneth Affolter when he was sentenced to more than five years in prison for making pot-laced treats and soft drinks.

Now he faces the wrath of a candy giant.

The Hershey Co. has sued Affolter, 40, for giving his marijuana goodies names like Stoney Rancher, Rasta Reese's and Keef Kat. Each came in packaging similar to Hershey's Jolly Rancher, Reese's Peanut Butter Cups and Kit Kat candies, the U.S. Drug Enforcement Administration said.

Hershey's suit, filed earlier this month in U.S. District Court in San Jose, accuses Affolter of trademark infringement, trademark dilution and unfair competition. The company is seeking US$100,000 in damages.

Papers were served on Affolter on Tuesday while he was in a county jail awaiting transfer to state prison.

Affolter's lawyer, David Michael, said he is negotiating with Hershey.

(http://ca.news.yahoo.com/s/capress/070520/koddities/oddity_pot_candy_lawsuit)
 
#2
This is the stuff in question. (I got these from thesmokinggun.com.)

0317061candy1.jpg


0317061candy2.jpg


0317061candy3.jpg


0317061candy4.jpg
 
#4
I think about the Chinese 'Disneyland' and then I think about this, and they're totally different. Disneyland Lite didn't change anything. Granted, there's a Chinese Snow White, but the Dwarves are the same and Mickey is the same. This is an established amusement park.

With this, the font is the same, but there is no way people are going to confuse Keef Kat with Kit Kat. The product is completely different. One's chocolate and one's marijuana. The guy is in jail. The cops have shut this down, so I don't think Hershey's has a valid lawsuit.
 
#5
Hahaha, this is so funny!

^^ ITA. I think Hershey's is stupid for trying to sue him - it's not like someone's going to be like, "well, I wanted a jolly rancher, but maybe I'll get a stoney rancher instead cause they're so similar".
 
#6
Maybe they need to make an example of him? I doubt they're going to get a big settlement but the lawsuit could act as a deterrant to anyone else thinking of pulling the same thing.
 
#8
^^Stoners usually have ideas, but they're usually not as well thought out as this.

Or, they're the most brilliant ideas in the world, but they forget the next morning.
 
#9
Hershey has every right to sue and more than likely will win the suit. It's not so much a matter of loss sales to this product but more of a tarnishing of their brand. There are many conservative people that may not want to purchase the legit products after seeing this. They may thinking Hershey is condoning drug use and allowing their image to be used.

Bottom line is Hershey has spent MILLIONS of dollars branding those images and has a bonafide ownership to them.
 
#11
MaxHavoc said:
Hershey has every right to sue and more than likely will win the suit. It's not so much a matter of loss sales to this product but more of a tarnishing of their brand. There are many conservative people that may not want to purchase the legit products after seeing this. They may thinking Hershey is condoning drug use and allowing their image to be used.

Bottom line is Hershey has spent MILLIONS of dollars branding those images and has a bonafide ownership to them.
Click to expand...

Exactly! Hershey will win hands down.
 
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