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…