A Covina cannabis delivery company has been banned from selling marijuana-laced Medicated Nerds Rope, an edible packaged to resemble candymaker Ferrara's popular Nerds Rope, court papers obtained Saturday show.
Ferrara Candy Co. filed a trademark infringement lawsuit against Tops Cannabis in federal court last year, alleging the dispensary was violating copyright law and piggybacking on the goodwill of the genuine Nerds Rope brand. U.S. District Judge Stephen V. Wilson approved an agreement Tuesday in which the dispensary is permanently barred from manufacturing, marketing, selling or distributing Medicated Nerds Rope or any other unauthorized products bearing the Nerds trademarks.
In addition, the judge ordered Tops to pay Ferrara all profits derived from acts of “trademark infringement and unfair competition” and destroy any remaining Medicated Nerds Rope in its possession.
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Tops must also notify existing customers or vendors that dealing in Medicated Nerds Rope is unlawful.
A Tops representative could not be reached for comment Saturday.
Ferrara stated in the lawsuit that it markets Nerds and Nerds Rope candy “as a fun and enjoyable treat for children of all ages. Therefore, Ferrara would never condone or authorize the use of the Nerds marks in connection with products that could be harmful to children.”
The Chicago candy company stated that it was enforcing its trademarks in the case “to protect its consumers from inadvertent consumption of THC.”