Counterfeit cases will cause more litigation in the future.

Sales of marijuana infused knockoff brands have the potential to skyrocket. In order to protect a trademark owner’s brand and insure customers are not confused about the source, origin, sponsorship, or affiliation of the marijuana infused products, food manufacturers must now seriously consider stepping up their enforcement efforts with cease and desist letters and law suits when their brands are targeted by the edible marijuana product industry. Allowing these infringements to continue unchecked has the potential to severely injure a company’s trademark rights and dilute the strength of its marks.

Because of the similarities in trademarks and trade dress between the marijuana infused edible and the trademark owner’s marks, the trademark owner often has a variety of causes of action against the edible manufacturer including trademark infringement, trade dress infringement, and unfair competition. In addition, because the edible contains marijuana which is still illegal under federal law, a trademark owner with a well-known or famous brand may also have a cause of action for dilution by tarnishment which can be a powerful tool.