Detroit-based snack company Better Made has taken legal action against multiple Michigan marijuana companies, alleging trademark infringement for unauthorized use of its logo on cannabis products. According to ClickOnDetroit, the potato chip manufacturer claims that the cannabis brand "Better Smoke" has used a logo that is confusingly similar to Better Made’s, potentially leading consumers to believe there is a connection between the two companies.
The lawsuit, which was filed on March 27, cites nearly 20 companies and the dispensaries they operate across Michigan, from Traverse City to Adrian,. The suit's demands are significant, Better Made is asking the court to direct the defendants to surrender all profits from the sale of Better Smoke products to the snack maker. Detroit Free Press reported the inclusion of companies such as IVP Holding and House Brands Distro in the legal complaint.
Famed for its potato chips since 1930, Better Made asserts that the defendants' actions "deprive Better Made of the ability to control consumer perception of its goods and services offered under its Better Made marks, placing the valuable goodwill and reputation of Better Made into the hands of defendants," as outlined in the lawsuit documents. "Better Smoke’s version and utilization of a nearly identical design “dilutes” Better Made’s distinctiveness as a brand," the complaint added, as reported by ClickOnDetroit.
Better Made's legal action trails other similar cases., including a recent Supreme Court decision that called for a lower court to re-examine the matter of a dog toy named Bad Spaniels, which mimicked the label of the Jack Daniel’s whiskey, in the light of potential consumer confusion. As for the current lawsuit, Better Made seeks not only financial restitution but also an injunction preventing the cannabis companies from using any trademarked material on websites, promotional content, and product packaging. The plaintiff alleges continued violations of their trademark despite prior warnings and communications aimed at resolving the issue.
In a turn of events recounted by WXYZ, Better Made initially reached out to House Brands Distro in August 2023 through a cease and desist letter, but they reportedly received no response. Later, the allegedly infringing logo was removed from the brand's website, yet customers continued to report trademark violations. An attorney for Better Made also noted that discussions with a lawyer representing the cannabis brands led nowhere, as promised resolutions fell through.
