hershey's joins the war on drugs; uses trademarks to fight munchies

Fox News reported Sunday that Hershey’s Candy has filed suit against Kenneth Affolter, a 40–year-old man recently sentenced to 5 years in prison for selling marijuana-laced candies and sodas.  Hershey’s is seeking $100,000 in damages for trademark infringment, trademark dilution, and unfair competition.

Affolter sold a number of snacks with names such as Rasta Reese’s, Stoney Ranchers, and Keef Kats, in packaging similar to Reese’s, Jolly Ranchers, and Kit Kat, respectively.

Additionally, it appears that Affolter may have infringed the trademarks of Jones Soda, Pepsi, and Coca-Cola.  Oddly enough, he was apparently careful to avoid infringing the beverage mark “Marijuana” registered to Daniel Sinclair, Jr. of Louisiana.

Despite the importance of policing one’s mark, I can’t help but wonder if Hershey’s has considered the reduction in legitimate candy sales that such an attack on appetite-inducing imitations could entail.  Fortunately for Hershey’s, this litigation may be relatively inexpensive, as likelihood of confusion should be easier to prove among THC-intoxicated consumers.