SOUR PATCH maker Mondelēz Canada tracks down defendants in STONEY PATCH ‘virtual knockoff’ lawsuit

Given that STONEY PATCH labels “do not have a website or provide any contact information online,” ​Mondelēz has spent months trying to determine who to sue in order to get the offending candies off the market, sending multiple demand letters to third-party sellers asking that they identify their source. (A lawsuit filed last yearnamed Stoney Patch and ‘Does 1-10’ – as in John Does – as the defendants.)

It recently secured a court ordercompelling Facebook and Google to release information associated with Instagram and Gmail accounts of an unnamed company selling the THC-infused gummies, although it has not confirmed that this was how it identified the named defendants in the lawsuit.

The Packaging Defenders ​[Green King LA Inc, Dr Vape Group LLC, and Vape Hub – all based in Boyd Street, Los Angeles] are selling empty packaging that adopts the confusingly similar brand name STONEY PATCH and that copies the look of the packaging that has long been associated with MCI’s SOUR PATCH candies,” Argues Mondelēz Canada in a January 21 amended complaint.

“The packaging is sold to unregulated and anonymous third parties who use the bags to sell their own cannabis gummies.

The Dispensary Defender​ [4TwentyHub, a delivery-only dispensary based in Fontana, CA] is selling cannabis products in infringing packaging to consumers. It is not known if the Dispensary Defendant’s products are sold in Infringing Packaging purchased from the Packaging Defendants or from other third parties.”


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