The Tug-of-War Between Homage and Infringement: A Maryland Cannabis Company’s Journey
The Cease-and-Desist Letter
Crabcakes & Cannabis, a cannabis-themed apparel company in Maryland, recently found itself embroiled in a legal tangle. The dispute centered on a sticker designed to mirror the look of Old Bay seasoning. McCormick & Company, the makers of Old Bay, weren’t pleased. In late September, they sent a cease-and-desist letter, effectively pushing Crabcakes & Cannabis to halt sales of their Old Bay-inspired sticker.
The Art of Parody and the Court of Public Opinion
Jennifer Culpepper, the founder of Crabcakes & Cannabis, argues that consumers can distinguish between a food seasoning product and a sticker designed as parody. She believes her company’s sticker is an homage to the iconic brand, not a source of confusion. “I think people are smart enough to recognize it as a parody of Old Bay because we are talking about different kinds of herbs,” Culpepper noted.
The Legal Angle
James Astrachan, an intellectual property attorney, mentions that if the matter were to go to court, McCormick would need to prove that the sticker creates a “likelihood of confusion” to establish a trademark infringement claim under the Lanham Act. Various courts use different factors to assess this likelihood, including the distinctiveness of the plaintiff’s mark and the similarity of goods.
Precedents and Future Considerations
Several legal precedents deal with the fine line between parody and infringement. For example, the 4th Circuit Court once ruled that “Chewy Vuiton” dog chew toys weren’t likely to be confused with Louis Vuitton’s luxury products. However, courts have also sided with large companies. In the case of “Buttwiper” dog toys, Anheuser-Busch was granted a preliminary injunction due to proven consumer confusion.
What’s Next for Crabcakes & Cannabis?
For now, Crabcakes & Cannabis has ceased selling the sticker, unwilling to engage in a legal battle with McCormick given their limited financial resources. This raises questions about the stifling effect such cease-and-desist letters can have on small businesses and artistic freedom.
Conclusion
The Crabcakes & Cannabis story underscores the tension between homage and legal ownership, a tale as old as time—or at least as old as trademark law. It also raises an interesting debate on how far parody can be stretched before it breaks under the weight of intellectual property rights.
