Pubdate: Wed, 11 Jun 2014
Source: Denver Post (CO)
Copyright: 2014 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: David Migoya
Page: 12A

MAKER OF CANNABIS CANDIES DENIES HERSHEY'S ALLEGATIONS

A Colorado Springs-based maker of pot-infused candy sued by The
Hershey Company for using knock-off labels to peddle its products says
the wrappers for its chocolate bars look nothing like the candymaking
giant's famous brands.

Executives at TinctureBelle, which makes infused edibles sold at
medical marijuana dispensaries, said its product packages not only
don't look like Reese's, Heath, Almond Joy or York candies, but
Hershey's claim that children could confuse the two "is
dumbfounding."

"The lawsuit from Hershey came as a huge surprise to us,"
TinctureBelle president Char Mayes said in a statement released
Tuesday. "We changed our entire label line approximately six months
ago, long before these allegations surfaced last week. Our new
packaging looks nothing like Hershey's or anyone else's."

The salvo comes a week after Hershey filed a 22-page lawsuit in U.S.
District Court in Denver claiming TinctureBelle's packaging looked
remarkably similar to the four candies, creating "a genuine safety
risk with ... consumers, including children, who may not distinguish
between Hershey's candy ... and (TinctureBelle's) cannabis-based products."

Lawyers for Hershey didn't immediately respond to efforts to reach
them.

In its complaint, Hershey offered side-by-side photos of its candy and
TinctureBelle's products, showing names and package designs that
appear similar - Hashees and Reese's; Ganja Joy and Almond Joy;
Hashheath and Heath; and Dabby Patty and York's Peppermint Pattie.
Hasheath has since been replaced by Hasheats.

Mayes said Hershey never contacted the small, family owned business,
which still hasn't been served with the lawsuit officially.

"Our mission is simple: We wish to contribute to the health and well
being of all MMJ patients, as well as assist our beloved MMJ community
in building a positive reputation for the community," Mayes said in
the statement.

Mayes noted that TinctureBelle products are available only in
state-licensed medical marijuana dispensaries and only to customers
with a doctor-recommended, state-approved "red card." Its products are
in non-transparent, childproof packages and are not sold in the
state's recreational pot stores.

"The suggestion ... that our products are available to children, and
even sold side by side with Hershey products, is dumbfounding," Mayes
said. It "shows a profound lack of awareness of how infused cannabis
products are regulated, manufactured, and sold."

Founded in 1894, Hershey is North America's largest chocolate
manufacturer with some of the most widely recognized products, each
protected by federally registered trademarks.

The lawsuit alleges several infractions, including trademark
infringement, dilution of the brand name's recognition and unfair
competition.

It also names TinctureBelle Marijuanka as a defendant. Hershey seeks
an injunction to stop sales of the products.

Stories about the lawsuit have appeared in publications as far off as
Brazil and Russia.

TinctureBelle had other products whose labels appeared similar in name
and design to popular candy brands such as Goober, Twig-z, Dabby Nut
Roll, and Dab-a-Honey. They are not part of the lawsuit filed by Hershey.

The company's website has been unavailable for an undetermined amount
of time for redesign, Mayes said.

In March, Gov. John Hickenlooper signed into law a bill that tightens
packaging rules for marijuana-infused edibles. It requires edible
marijuana sold to medical marijuana patients to meet the same
packaging standards as pot sold to recreational customers.
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MAP posted-by: Matt