Crabcakes & Cannabis, an Annapolis-based business known for its Maryland-themed cannabis merchandise, has found itself entangled in a legal battle with seasoning giant McCormick & Co Inc MKC, the creators of the iconic Old Bay seasoning.
At the center of this dispute is a popular parody sticker that playfully mimics the Old Bay spice container while injecting it with marijuana references.
Parody Sticker Sparks Controversy: What Happened
The showdown commenced when McCormick & Co, holders of the Old Bay trademark, dispatched a cease-and-desist letter to Crabcakes & Cannabis.
In its letter, McCormick alleged trademark infringement and voiced concerns that the parody sticker could potentially sully the cherished Old Bay brand by associating it with marijuana.
Founder of Crabcakes & Cannabis, Jennifer Culpepper, explained their standpoint. "While we firmly believe in the protection of parody and First Amendment rights, the prohibitive cost of litigation led us to make the difficult decision to discontinue our parody sticker. We stand by the fact that no reasonable consumer would confuse our novelty item with a food seasoning product."
Culpepper went on to underscore that their intent was never to harm the Old Bay brand but to pay homage to this quintessential Maryland icon. "Regardless, we still love Old Bay. Our parody sticker was intended to pay homage to the Maryland brand, not to tarnish anyone's reputation."
Crabcakes & Cannabis is renowned for its distinctive Maryland-themed cannabis apparel and accessories, celebrating the cultural and traditional aspects of Maryland. Despite discontinuing the parody sticker, the company remains committed to its mission of spreading joy and fostering a sense of community among Maryland's cannabis enthusiasts.
Culpepper, who also owns Brand Joint, a national branding agency, stressed their dedication to creating fun and unique parody designs that celebrate Maryland icons without stepping on anyone's copyrights.
This legal dispute follows a recent U.S. Supreme Court ruling in a case involving Jack Daniels. In that case, a parody featuring a dog toy resembling a whiskey bottle was denied special First Amendment protections.
Founder Stands Firm on First Amendment Rights Amid Legal Dispute
According to The Washington Post, Culpepper expressed her sensitivity to trademark protection but also the importance of parody and First Amendment rights. However, given the overwhelming financial burden associated with litigation, Culpepper decided on an alternative approach. Rather than facing off with McCormick in court, the company will offer a free sticker with orders over $20 until their existing stock runs out.
Culpepper summed up the situation with a powerful observation: "It really feels like a big company bullying a small business. They are banking that I cannot afford to fight back."
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