Ferrero subsidiary Ferrara Candy Co. sued a Florida cannabis company in federal court May 23 for allegedly copying the branding of its Nerds and Trolli candies with THC-infused edibles.
Top Five Wholesale, based in Boca Raton, sells THC edibles branded the same as Ferrara’s, which the lawsuit alleges is likely to cause consumer confusion.
According to the suit, filed in U.S. District Court of the Southern District of Florida, West Palm Division, Top Five Wholesale has violated Ferrera’s trademarks with ita Delta-8 Nerds Rope; Errlli Sour Terp Crawlers Very Berry 600 mg; Trrlli Strawberry Puffs 600 mg; Errlli Sour Brite Twisted Crawlers 600 mg; Errlli Sour Glow Worms 600 mg; THC-0 Apple Rings; and THC-0 Peachio’s.
As of May 27, said items were not on Top Five’s website.
Ferrara is one of several large candy makers that have filed lawsuits against cannabis edible companies. In February, Canadian cannabis company Higharchy and manufacturer ReRoot were ordered by District Judge Thomas Durkin in the Northern District of Illinois to stop selling two THC-laced candies that look and are branded like Nerds. Last May, a federal judge in California ordered California-based Tops Cannabis to stop selling its Medicated Nerds Rope and give all profits over to Ferrera.
“Ferrara has not consented, and never would consent, to such uses of the Ferrara Trademarks and Ferrara Trade Dress, and, in fact, is actively enforcing its marks against such uses to protect consumers from inadvertent consumption of THC,” the current suit said.
A representative for Top Five did not return a request for comment by press time.