Originally posted 2013-10-08 13:01:58. Republished by Blog Post Promoter

Trademark litigators and enforcement people (especially in anticounterfeiting) frequently analogize to the War on Drugs. You can’t really ever stop the flow of fake Vuitton bags, but there’s supposedly some value in achieving token victories over the “kingpins.” Here’s a new and somewhat less practical angle on that analogy: MSNBC.com reports on Hershey’s kiss of litigation to a guy who tried to combine two, er, “great tastes” — cannabinoids and The Munchies — in one or two illicit marijuana-laced candies and soft drinks:

Just Say NoKenneth Affolter, 40, was sentenced in March to more than five years in prison for manufacturing forbidden treats with names like Stoney Rancher, Rasta Reese’s and Keef Kat.

Each came in packaging similar to Hershey’s Jolly Rancher, Reese’s Peanut Butter Cups and Kit Kat candies, according to the U.S. Drug Enforcement Administration.

Hershey’s is looking for what seems like an. hallucinatory sum of $100,000 from a guy on his way to five years of forced unemployment.

By Ron Coleman

LIKELIHOOD OF CONFUSION blog author Ron Coleman is a member of Dhillon Law Group in their New York City and Montclair, New Jersey offices. He is a graduate of Northwestern University School of Law and Princeton University.