DENVER - A Colorado marijuana company must recall or destroy its pot-infused edibles that resemble iconic Hershey treats as part of a settlement agreement with the chocolate company.
The Hershey Co. filed a federal trademark infringement lawsuit in June against TinctureBelle LLC and TinctureBelle Marijuanka LLC. The lawsuit alleged that TinctureBelle's Ganja Joy, Hasheath, Hashees and Dabby Patty too closely resembled Hershey's Almond Joy, Heath, Reese's peanut butter cups and York peppermint patty candies, respectively.
The Denver Post reports that a settlement reached in September requires TinctureBelle to stop using those names and Hersey's brown, yellow and orange coloring for its products.
The company says in court filings that it stopped making edibles that mimic Hershey candy before the lawsuit was filed. Hershey says the edibles' packaging confused consumers, including children.