Cannabis edibles company must stop selling products that infringe on Nerds, Runts, Trolli copyrights

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Cannabis edibles overview: 

• Who: A cannabis company must stop making products that infringe the copyright of Nerds, Runts and Trolls candy copyrights, a judge has ruled.
• Why: The judge said the owner of the logos and trademarks has not authorized the cannabis company to use them.
• Where: The cannabis edibles case is in a Colorado federal court.

A cannabis company that makes edibles that mirror the branding of popular candies Nerds, Runts and Trolli has been ordered to stop making those products and to destroy them.

In a judgment filed March 20 in a Colorado federal court, U.S. District Judge Daniel D. Domenico said cannabis company HC LLC had been illegally copying the products’ logos, names and packaging for its THC products. 

He ruled the copyright for the products belongs to the company Ferrara, which owns Nerds, Runts and Trolli.

According to the judgment, the Ferrara candy brands have achieved “enormous commercial success” in the U.S. and enjoy goodwill among buyers. As Ferrara markets the products to parents and children, it has not authorized the use of its logos and trademarks for THC-infused products, it said.

Ferrara points to alleged public health hazard

Ferrara filed a complaint against HC in May, alleging it made and distributed products using “identical, or nearly identical,” packaging to its Nerds, Runts and Trolli candies, leading to customer confusion about the products. 

If the products were to get into the hands of children, there could be a public health issue, Ferrara said. It alleged HC’s products contain a large amount of THC, with some advertised as containing as much as 600 milligrams, which is more than 60 adult servings.

HC’s actions constitute breach of counterfeiting and trademark infringement laws, the judge ruled. 

Moving forward, HC is blocked from making, advertising or selling products bearing Ferrara’s trademarks. It must pay Ferrara all the profits earned from its “counterfeit and infringement” of its products, and destroy any remaining products or advertising in its possession that bear Ferrara’s trademarks, the judge ruled. 

Meanwhile, Cura Partners agreed to pay $500,000 as part of a settlement to resolve class action lawsuit claims it omitted certain ingredients from select cannabis product labels.

What do you think of the allegations in this cannabis candy case? Let us know in the comments!

Ferrara is represented by J. Lucas McFarland of McFarland Litigation Partners LLC.

The Cannabis edible class action lawsuit is Ferrara Candy Co. v. HC LLC, et al., Case No. 1:22-cv-01359, in the U.S. District Court for the District of Colorado.

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