Marijuana edibles packaging looks striking similar to that of regular snack brands, leading big brands and law makers to ask Congress for help in cracking down on the product packaging imitations, for the sake of consumers and the big brands’ registered trademarks.
Bloomberg Law spoke talked to Josh Gerben about what marijuana edible companies can do to avoid trademark liability with big name brands.
Ideally, a brand would create its own name—referred to as a “fanciful mark”—or make use of keywords that aren’t directly related to the product itself, said trademark attorney Josh Gerben, founder of Gerben Perrott, PLLC. For example, he pointed to comedian Seth Rogen’s Houseplant line of cannabis products and minimalist accessories, such as stoneware ashtrays and marbleized oil lamps.
Gerben suggested that the goal should not be to ride the coattails of an already established brand but to cultivate a unique following.
“A cannabis product is the same as any other product, whether you’re making a brand of liquor or a brand of toothpaste,” he said.
Source: Griffis, Kelcee. https://news.bloomberglaw.com. “Candymakers Seek New Tactics to Stop Marijuana Edible Copycats.” 22 June 2022.