Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, a bill headed to the President’s desk may ease restrictions on cannabis research. Facebook and Instagram now allow searches relating to marijuana on their platforms. Cannabis licenses in California are not worth what they once were. And finally, Snoop Dogg is moving into the hemp market.

Continue Reading The Week in Weed: June 20, 2025

I don’t wanna grow up, I’m a TOYS R US kid.  So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays.  But what happens when a company operating in a not so kid-friendly field starts using a trademark similar to that of the TOYS R US mark? 

In a case that blends nostalgia with modern controversy, Tru Kids Inc., the owner of the TOYS R US mark, filed suit in the U.S. District Court for the District of Connecticut against a vape and cannabis retailer operating under the name VAPE R US.  The complaint alleges trademark infringement, dilution, false designation of origin, and unfair competition under both federal and state law.  Tru Kids Inc. v. Vape R Us, Inc. et al, 3:25-cv-00781-VAB (D.Conn.). 

At the heart of the dispute is the retailer’s use of branding that closely mirrors the iconic TOYS R US trademark and others associated with the brand.  According to the complaint, the vape shop’s signage features multicolored bubble letters, a reversed “R” with a star, and even a depiction of Geoffrey the Giraffe.  The long-standing mascot of the toy brand appears with a not so familiar “toy”—a vaping device.

A Question of Confusion and Tarnishment

Tru Kids argues that the similarities are not coincidental but calculated.   The company claims that the vape shop is attempting to trade on the goodwill of the TOYS R US brand, misleading consumers into believing that there is an affiliation between the two businesses.  The complaint emphasizes that Tru Kids has spent decades cultivating a “fun, safe, and kid-friendly image,” and that association with smoking and drug-related products could irreparably tarnish that reputation.

If you came across the VAPE R US shop, would you really be confused into believing a toy retailer has entered the vape and cannabis market?  Perhaps not.  But Tru Kids may have another option to shut down the allegedly infringing use.

In addition to a likelihood of confusion claim, Tru Kids also pled dilution by tarnishment.  Likelihood of confusion focuses on whether consumers will be misled as to the source of goods or services because of the same or similar marks offering the same or related services. Dilution claims, however, can succeed even in the absence of confusion.  Dilution by tarnishment occurs when the distinctiveness of a mark is damaged by connection to something that is unflattering or unsavory. 

Whether vaping or consumption of cannabis is unsavory is not for us to judge, rather the court. 

Before the court may even consider that issue, Tru Kids must establish that its mark is “famous” under trademark law.  A mark is “famous” if it is widely recognized by the general consuming public of the United States as a designation of source for certain goods or services of the mark’s owner.  Think a certain hamburger chain with colorful arches or a coffee shop with a mermaid on its door.

A Familiar Playbook

This isn’t Tru Kids’ first foray into defending its brand against cannabis businesses.  In 2023, the company filed a similar suit against a Brooklyn-based dispensary operating under the ZAZA R US mark.  These cases suggest a broader strategy: aggressively policing the TOYS R US brand against unauthorized use in industries that conflict with its core identity.

What’s Next?

Tru Kids sent a cease-and-desist letter to Vape R Us on May 5, but it did not comply, which triggered the lawsuit.  The case is now pending in federal court.  If the court finds in favor of Tru Kids, it could open the door to injunctive relief, damages, and potentially even profit disgorgement.  The latter remains a complex issue in cases involving federally regulated substances.  This is a topic we’ve previously discussed.  See https://www.blunttruthlaw.com/2025/03/a-raw-deal-court-opens-the-door-for-profit-disgorgement-in-cannabis-trademark-case/

As the case unfolds, it may serve as a cautionary tale for businesses that attempt to parody or piggyback on well-known brands, especially when the industries involved are as divergent as toys and smoking products.  For now, it seems like Vape R Us may have played with fire and could end up getting burned.

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Texas is the center of gravity in the hemp world. The First Circuit rules against cannabis businesses. Medical marijuana protections are not included in the federal budget proposal. And finally, the Rolling Derby goes global.

Continue Reading The Week in Weed: June 6, 2025

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical Marijuana Act (“MMA”), and Pennsylvania common law.  The decision reflects careful fact pleading by the plaintiff.  It also highlights a number of important themes for Pennsylvania employers, including the importance of evaluating job duties and having legitimate reasons for policies prohibiting off-duty marijuana use.  In jurisdictions with employment protections for medical marijuana users, the decision also underscores the care employers should take if an employee or applicant discloses that they are a lawful medical marijuana user.

Continue Reading Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the White Earth Nation signed a compact with the state of Minnesota allowing off-reservation cannabis sales. A ban on hemp containing THC passed the Texas Legislature. There’s a new adult-use marijuana bill in Pennsylvania. And finally, someone picked a pound of weed out of a discount store in Iowa.

Continue Reading The Week in Weed: May 30, 2025

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we have an update on the Nebraska situation. We hear that the administration’s nominee for DEA head won’t commit to rescheduling. The DEA released its 2025 National Drug Threat Assessment. And finally, Whoopie Goldberg has a new cannabis beverage.

Continue Reading The Week in Weed: May 23, 2025

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Wisconsin’s legislature says no to the Governor’s cannabis proposal. Pennsylvania’s Senate says no to the idea of state-run dispensaries. Some of Nebraska’s lawmakers would like to say no to funding the ballot measures passed last November. And finally, Ringo Starr talks about his first time smoking weed.

Continue Reading The Week in Weed: May 16, 2025

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the Pennsylvania legislature takes up an adult-use legalization bill. A new DEA nominee indicates he would turn his attention to re-scheduling. Minnesota has scheduled a cannabis license lottery. And finally, Travis Kelce discusses his pot use.

Continue Reading The Week in Weed: May 9, 2025

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the Congressional Cannabis Caucus is hoping to lift the ban on cannabis research. A DC dispensary heard from the U.S. Attorney for DC. Cannabis lounges are coming to Maryland. Delaware makes some progress on its fingerprinting issue. And finally, exactly what kind of grass is in those Easter baskets?

Continue Reading The Week in Weed: May 2, 2025

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see two federal bills involving legalization. A lawsuit against the DEA has been dropped. Nebraska’s medical marijuana legislation is stalled. And finally, we have a cautionary tale about using drones to deliver marijuana to the incarcerated.

Continue Reading The Week in Weed: April 25, 2025