Ferrera Candy Co., the candymaker behind the popular Nerds candy products, has filed suit against California-based Tops Cannabis, Law360.com reports.
The suit, filed on Thursday in Los Angeles federal court, alleges that Tops Cannabis, a cannabis delivery company, has been selling a product called the “Medicated Nerds Rope.”
According to the report, Ferrera — a Chicago-based company — also alleges that due to “confusion between Ferrara’s Nerds Rope candy and the unauthorized THC-infused Medicated Nerds Rope, children have become sick from ingesting the unauthorized THC-infused Medicated Nerds Rope.” However, the lawsuit contains no evidence of such claims.
At 500 milligrams of THC per package, the suit also claims the candies in question are in violation of California state law for exceeding the state’s maximum edibles potency of 100 milligrams of THC per package.
Ferrera says the candymaker attempted to resolve the issue outside of court by advising Tops Cannabis about the risk of product confusion, but no action was taken. The suit is requesting an injunction to prohibit any further sales of the Medicated Nerds Rope product and for the profits from the product’s sales to be awarded to the candy company.
As the cannabis industry grows, cannabis trademark disputes — such as the feud over using the “Woodstock” brand name to market cannabis products or the challenge brought against Leafs By Snoop by the Toronto Maple Leafs — are becoming more and more common.