YNN.com

Buffalo

Change region

  75º

10/13/2011 08:59 PM

Cush manufacturer accused of trademark infringement

By: Ryan Burgess

We're following up on a synthetic cannabis sold in some Buffalo delis called Cush. We've told you how it's getting the attention of lawmakers. But Cush has also caught the attention of lawyers at a Texas-based beverage giant. As YNN's Ryan Burgess tells us, those lawyers say the maker of Cush is committing trademark infringement.

  To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

BUFFALO, N.Y. — A synthetic cannabis called Cush is facing more controversy. The product is an incense that some are using to get high. It's sold at some delis and convenience stores in Buffalo.

Not only is it angering lawmakers here who want it off the shelves, but it's now angering the beverage giant, Dr. Pepper Snapple Group, which has a logo for Orange Crush that bares a strikingly similar label.

"Needless to say, we had nothing to do with this product. We did not authorize the marketing and sale of it. We're angry that our trademark is being infringed and associated with a product like this and we're pursuing all legal alternatives to get it off the streets," said Chris Barnes, spokesman for Dr. Pepper Snapple Group.

Barnes said the manufacturer of Cush is called Sky Hi Blends, based in Phoenix, Arizona.

"We are demanding that they immediately stop marketing and selling Cush. They told us they've agreed to do this and we're going to watch them closely to make sure they do. If they don't we'll take additional steps," said Barnes.

Some of those steps already include contacting local authorities in Phoenix to investigate further, according to Barnes. One local patent attorney explains the legal options for trademark infringement.

"The question is whether it's going to confuse the public. Confusingly similar marks. It doesn't have to be the exact same thing. It could be a phonetic equivalent, something close. And if it's close enough to confuse the public, then it's going to be an infringement of the trademark," said Vincent LoTempio, a registered patent attorney.

YNN has reached out to Sky Hi Blends in Arizona to get a response. The company has not responded.