Old Bay® seasoning sues Maryland based cannabis company, Crabcakes & Cannabis®
Annapolis, Maryland based cannabis company Crabcakes & Cannabis® have been forced to stop selling one of their popular parody stickers after receiving a cease-and-desist letter from McCormick & Company, Incorporated, the makers of Old Bay® seasoning, who stated that their sticker was too similar to their Old Bay logo.
Crabcakes & Cannabis used this as an opportunity to challenge the implications of a Supreme Court decision last June that is impacting all types of small businesses. The issue brings up the question that if parodies aren’t allowed, are we taking trademark laws too far?
The novelty sticker takes inspiration from the Old Bay spice jar, but it has instead prompted a lawsuit as McCormick alleges a trademark infringement and tarnishing of their image by associating it with cannabis has taken place.
“While we firmly believe in the protection of parody and First Amendment rights, the prohibitive cost of litigation led us to make the difficult decision to discontinue our parody sticker,” Founder of Crabcakes & Cannabis Jennifer Culpepper said in a statement We stand by the fact that no reasonable consumer would confuse our novelty item with a food seasoning product.”
The cease and desist letter sent from McCormick & Company claims that the parody sticker, featuring the words “420 BUD” and designed in a way that’s reminiscent of the Old Bay jar, infringed upon their trademark and trade dress, potentially harming their brand’s reputation.
Per the letter, McCormick stated that the company “takes this matter very seriously, as it is not in the business of sponsoring products relating to marijuana use.”
Culpepper continued, “We deeply respect businesses’ and artists’ rights to safeguard their brands, but it is paramount that we strike a balance between these rights and the freedom of expression and creativity that parody affords. When a large business bullies a small business through costly litigation, it makes standing up for your rights nearly impossible. Regardless, we still love Old Bay. Our parody sticker was intended to pay homage to the Maryland brand, not to tarnish anyone’s reputation.”
Culpepper also owns 'Brand Joint', a national branding agency and she has been on the other side of a copyright infringement case in the past. She stated, “We have always been very careful not to copy, but rather to create fun and unique parody designs that celebrate Maryland icons.”
The company hopes something good can come out of the incident for the better.
Culpepper concluded, “We hope that this experience will spark a broader conversation about the importance of protecting parody and freedom of expression in our society".
