Oreoz has been a popular cannabis strain since 2020 thanks to its heavy potency and vivid resin coverage. Although in recent years Oreo's offerings have exploded, with everything from gluten-free versions to a long list of new flavors, Nabisco and Oreo trademark owner Mondelez International aren't keen on expanding into the weed trade yet.
Attorneys working for Intercontinental Great Brands LLC, a subsidiary of Mondelez, recently sent cease-and-desist demands to at least two cannabis growers in Colorado and Michigan. Fross Zelnick, the New York law firm that sent the orders on behalf of Mondelez, declined to comment on the letters, but one Colorado grower agreed to share it with Westword anonymously.
According to Mondelez's attorneys, cannabis breeders and growers were aware of the "overwhelming success and the fame of the Oreo brand" when they named Oreoz, Lemon Oreoz and Mint Oreoz, among other strains. The letter points to various images and branding associated with the cookies that have been used to market cannabis products, and argues that Oreoz is "virtually identical to our client’s famous mark." Attorneys even dive into the genetics and flavor profile of the strain.
"We understand that the cannabis strain you are selling under the name Oreoz is a hybrid of a Cookies & Cream strain and a Secret Weapon strain," the cease-and-desist demand says. "That you are selling and marketing a strain of product that has a scent or flavor profile that brings to mind a chocolate cookie sandwich does not give you the right to use our client’s mark, or a nearly identical version of it, as the name of the hybrid strain. Similarly, the fact that you may not have initially created the strain or named it does not justify your use of Oreoz or your use of our client’s products to sell your products."
Vivid trichomes and heavy potency have made Oreoz a popular strain over the past three years.
Herbert Fuego
"Anyone making commercial use of Oreoz or any other mark that calls to mind the Oreo trademark or that is misusing for commercial purposes our client’s marks or designs is violating our client’s rights and is violating the law. You also cannot claim that you were unaware that Oreoz called to mind our client and its Oreo brand or otherwise was confusingly similar to the Oreo brand name. Indeed, you have exploited that fact by including in your promotional materials on your website and social media pages images of our client’s Oreo cookies," the letter continues.
National brands have threatened cannabis companies with litigation over infringement in the past, often leading to strain rebranding and name changes. In 2016, Girl Scouts of the USA sent similar warnings to dispensary owners and growers over a popular strain named Girl Scout Cookies; the majority of growers now label the strain "Cookies" or "GSC." In 2017, a Las Vegas breeder of Gorilla Glue #4, another popular variety, agreed to change the strain's name after a lawsuit threat from adhesive maker Gorilla Glue Co.
In the early days of legal cannabis, dispensaries sold edibles that were clear parodies of Hershey’s or Reese’s products, resulting in legal threats from the candy brands. Still, the practice has continued in states new to commercial pot sales. Earlier this week, Skittles candy maker Wrigley settled a lawsuit with a pot company for marketing products with the strain name Zkittlez, and the Federal Trade Commission recently sent cease-and-desist letters to edibles brands mimicking snacks that are popular among children, including "Stoneos," a THC-infused knockoff of Oreos.
One grower says he plans to change the name of the Oreoz varieties he currently grows, but Mondelez attorneys may have a hard time clearing out the entire industry. Many smaller and independently owned dispensaries and growers across the country still offer strains under the name Girl Scout Cookies, Gorilla Glue and Zkittlez, and that's just the tip of the iceberg in the federally unregulated industry.
Just wait until the owners of Gushers, Otter Pops, Runts and Smarties find out what's going on.
