Mondelez is suing a company called Stoney Patch for trademark infringement. It claims that THC gummy products created and sold by Stoney Patch were intentionally designed to copy the Sour Patch brand under a confusingly similar name and packaging. It additionally says that it is especially concerned about confusing children, since the packaging is likely more appearling to children who are used to the Sour Patch branding.
The lawsuit was filed on July 19, 2019 in the U.S. District Court for the Central District of California, Western Division. It asserts six causes of action including trademark dilution and unfair competition.
Interestingly, the defendant has no website or contact information easily accessible online. The plaintiff points out that the defendant only maintains an Instagram page where pictures of the products are posted. That may initially serve as a complication in proceeding with the litigation with speed.
The plaintiff believes that the only way to purchase the Stoney Patch gummies directly from the defendant is by agreeing to buy at least 1,000 unites of the product.
It will be an interesting case to follow. While it is quite evident that those behind the Stoney Patch brand are seeking to benefit from a false association with the Sour Patch brand, there will need to be some work done by way of subpoenaing Instagram (parent: Facebook) for information surrounding the people behind the account.