Iconic Michigan Brand Sues Cannabis Companies Over Trademark

Copying another brand's logo and claiming it as your own? That's a big no-no and an iconic Michigan brand has filed a lawsuit against several cannabis companies.

The Lawsuit

Better Made Chips has been a Michigan mainstay for nearly 100 years, founded in Detroit in 1930. The company, which does business as 'Better Made Snack Foods Inc.,' filed a lawsuit on Monday (3/27) against more than a dozen cannabis operators in Michigan who are marketing 'Better Smoke' products and selling them at dispensaries across the state.

Take a look at the logos for the respective brands:

Amazon, Screenshot Cloud Cannabis

The lawsuit, filed in US District Court last week, claims that IVP Holdings LLC "knowingly and willfully" uses a label for its products that is strikingly similar to the logo that Better Made has used for several decades. Better Made claims the infringement has caused consumer confusion and harm to its brand, according to Crain's Detroit Business.

"Defendants’ unlawful use of the Better Made marks is likely to cause consumers to believe, erroneously, that Better Made has endorsed defendants’ products, jeopardizing the goodwill and tarnishing the reputation associated with Better Made’s marks," the lawsuit says.

Is the Better Smoke Logo Simply a Parody?

While Better Made claims Better Smoke is a trademark violation, other news outlets have pointed out that cannabis companies regularly use brand parodies to represent their products.

According to WDIV, Clout King sells a strain of marijuana called Air Headz (a parody of Airheads candy) and strains marked as Terdz, which is a play on Nerds.

What Outcome is Better Made Seeking?

Better Made Products is asking the court to bar the defendants from using their design. They hope the court will force the dispensaries to destroy all product labels and all related Better Smoke materials and asking the court to force the cannabis companies to hand over all profits that came from selling Better Smoke Products.

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