For years the marijuana industry was an underground business, posing little threat to trademarks. But the recent 'green explosion' means that trademark owners must enforce their rights or risk their reputations.
The marijuana industry has exploded in the United States over recent years. Once relegated to back alleys and shady venues, nine states – Washington, Oregon, Nevada, California, Colorado, Maine, Vermont Massachusetts and Alaska – have now legalised recreational amounts of marijuana without the need for a prescription. A further 21 states allow for the medical use of marijuana with a prescription. Meanwhile, in some states, the reasons for prescribing medical marijuana to patients are so broad as to render many states' medical requirements illusory.
Marijuana is a blossoming industry. In 2017 alone, Colorado marijuana sales hit a record $1.5 billion, despite the state having a population of only 5.6 million people (Alicia Wallace, The Denver Post, "Colorado pot sales hit a record $1.5 billion in 2017, and border towns saw a green rush from neighbors", 10 February 2018). California, which legalised the recreational use of marijuana on 1 January 2018, has yet to report sales figures; but given its population of nearly 40 million people and status as the fifth largest economy in the world, the sales figures should be impressive.
Marijuana marketing before legalisation
Back when marijuana sales were underground, growers of strains and bakers of edibles would often name their products in such a way as to evoke the image of other famous brands. Weetos evoked Cheetos and even featured a green version of the iconic Chester Cheetah. Froot Poofs evoked Fruit Loops and bore a stoned version of Tucan Sam. Kap'n Kronik was Cap'n Crunch's red-eyed counterpart, high from the cereal that bore his name. These are just a few of the more blatant examples.
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