Nerds candymaker sues cannabis company over trademark allegations

Help shape our annual “Diversity in Cannabis” special report by filling out our business survey here!


Chicago-based Ferrara Candy Co. filed another lawsuit in a federal court against a cannabis company for allegedly infringing on the trademark for its popular Nerds brand.

Ferrara alleges in its suit that Boca Raton, Florida-based Top Five Wholesale is using identical trademarks in its THC candy, Reuters reported.

Filed in West Palm Beach, Florida, the lawsuit also claims the marijuana company is selling counterfeit marijuana-infused Trolli gummy candies and Nerds Rope.

Ferrara is the distributor for Germany-based Trolli GmbH’s candies in the United States.

The suit is the latest among several cases filed by established candy companies against marijuana edibles producers across the U.S.

Ferrara filed a similar lawsuit against California-based Tops Cannabis in 2020.

Stay informed with MJBiz Newsletters

MJBiz’s family of newsletters gives cannabis professionals an edge in this rapidly changing industry.

Featured newsletters:
  • MJBizDaily: Business news for cannabis leaders in your inbox each morning
  • MJBiz Cultivator: Insights for wholesale cannabis growers & vertically integrated businesses
  • MJBizCon Buzz: Behind-the-scenes buzz on everything MJBizCon
  • MJBiz Retail + Brand: New products, trends and news for cannabis retailers, distributors and marketers
  • Hemp Industry Week: Roundup of news from hemp farming to CBD product manufacturing
  • And more!

 

The previous year, the manufacturers of Sour Patch Kids candies, Mondelez Canada, sued retailers for selling THC-infused edibles dubbed “Stoney Patch Kids.”

And the Hershey Co. has filed at least two such lawsuits against cannabis companies.