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Photos: See pot edibles designs company sued by Hershey says don't violate copyright

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One of TinctureBelle's current designs. More photos below.
Our recent photo post highlighting twenty marijuana edibles that risk copyright lawsuits was inspired by a Hershey Company complaint against TinctureBelle. The suit, on view below, charges the Colorado firm with "the unauthorized use of a number of famous and well-known Hershey trademarks to sell chocolate candy that contains cannabis and/or tetrahydrocannabinol."

In response, TinctureBelle owner maintains that the designs cited by Hershey were discontinued months ago, and she believes the current ones don't rip off anyone. See photos below.

Here are side-by-side images from the suit featuring TinctureBelle products and the Hershey items to which they allegedly allude. First up: Hashees Peanut Butter Cups and Reese's Peanut Butter Cups....

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...followed by Ganja Joy and Almond Joy....

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...plus one juxtaposition of Hasheath and Heath bars....

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...and another....

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...and, finally, Dabby Patty and York Peppermint Patty:

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TinctureBelle owner Char Mayes isn't doing interviews right now, but in a release issued under the auspices of Moye White LLP, the law firm that's representing her, she says she was blindsided by the complaint.

"The lawsuit from Hershey came as a huge surprise to us," she's quoted as saying, "because we changed our entire label line approximately six months ago, long before these allegations surfaced.

"Our new packaging looks nothing like Hershey's or anyone else's," she adds.

The new designs do indeed eschew direct references to the look of Hershey products. Here, for instance, is the current packaging for Hashees Peanut Butter Cups:

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However, the names of some items continue to recall those of Hershey items, including Hasheats (the new name of Hasheath) and ThingaMaJiggy (Hershey made a candy called Thingamajig from 2009 to 2012). There are also apparent nods to confections made by other firms, including Snockered, which sounds a lot like the Mars company favorite Snickers.

Are TinctureBelle products now so different that the suit is out of date? Decide for yourself by checking out more current TinctureBelle designs, followed by the company's response and the complete complaint.

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Continue to see more current TinctureBelle pot edibles designs, plus the company's response and the Hershey lawsuit.


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7 comments
Dan Ruisi
Dan Ruisi

200 mg? Where? When? How much?

Paul Cadle Strunk
Paul Cadle Strunk

it doesn't matter, the state just passed a law making it illegal to make edibles that could be mistaken as the real candy...at least try to be current westword...

Clayton Capra
Clayton Capra

They should get burned for their lazy marketing efforts.

Monkey
Monkey

You started your business with packaging that clearly resembles Hershey. They will prove that. You also decided to change your packaging, presumably because of the similarities. They will prove that too. If I made a canned drink that looked like a Coke, then changed to a tie-dyed label later, Coca-Cola could still sue me, and win. You made a mistake, like a lot of businesses, and the Hershey lawyers are going to make an example out of you. 

Hot.Sauce
Hot.Sauce

How stoned were these operators to think ripping-off a major corporation and damaging their product reputation was a cool idea?

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