Pubdate: Fri, 17 Oct 2014
Source: Denver Post (CO)
Copyright: 2014 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: David Migoya

POT-EDIBLES FIRM, HERSHEY SETTLE SUIT

The small Colorado Springs-based producer of marijuana edibles, sued 
in June by candy giant The Hershey Company for allegedly breaching a 
number of design and name patents, quietly settled the dispute.

In a settlement penned in late September, TinctureBelle agreed to 
recall and destroy all edibles it sold that looked like the famed 
chocolate company's products, or with names that played on their brands.

Although the edibles company said it had stopped making products that 
appeared like those produced byHershey-including well-known names 
such as Reese's, Almond Joy andHeath-long before the federal 
lawsuitwas filed in June inU.S. District Court in Denver, the 
settlement makes sure it won't happen again.

Neither TinctureBelle owner Char Mayes nor a Hershey spokesman could 
be reached Thursday for comment.

The settlement also requires TinctureBelle not to use the product 
names Hashees, Ganja Joy, Hasheath, Hasheats, Thingamajiggy or 
Reefers, nor to use the name Reefer for any candies that contain 
either peanut butter or its flavorings. The company also agreed not 
to make packages with brown, yellow and orange colors, which are 
those used by the Reeses brand, according to a copy of the settlement.

Hershey had said TinctureBelle's products harmed their brand name and 
could be confused for regular candy by children.

TinctureBelle neither admitted nor denied any of the allegations in 
the lawsuit as part of the settlement.
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MAP posted-by: Jay Bergstrom