Sour Patch Pursues Trademark Action Against Stoney Patch

By Ryan Masters

On Friday July 19, Mondelez Canada Inc., the company that makes Sour Patch Kids, sued the makers of “Stoney Patch” cannabis-infused gummies, in California federal court. Mondelez is claiming the makers of Stoney Patch are committing trademark infringement, trademark dilution, trade dress infringement, unfair competition, and breaking several similar California State laws.

Mondelez claims Stoney Patchs’ gummies are modeled after their distinct gummie shapes and that Stoney Patch’s packaging is virtually identical to their “distinct bag that has a yellow center with green dabs at the edges that allow the yellow to peak through.” Mondelez believes these similarities will cause consumer confusion between the Stoney Patch cannabis gummies and their non-cannabis gummies. Mondelez has additionally reported the packaging to the California Department of Health, claiming that the packaging used by Stoney Patch violate California laws that are in place to protect children from cannabis products. 

Developing effective trademark strategies for your Cannabis brand is one of the most important steps in breaking into and maintain your place in the Cannabis industry. Working with an experienced trademark attorney is essential to avoid potential lawsuits regarding your Cannabis brand. One of the many steps of development is clearing your trademark to ensure there are no other brands out there using similar marks that could potential bring a trademark infringement lawsuit against you. Additionally, our experienced counsel at Cultiva Law can help you avoid further potential action like that product packaging and advertising that does not break states laws on marketing cannabis products to kids.