Here are some photos from the Complaint:
Hershey says:
The defendants are not merely causing a likelihood of consumer confusion with Hershey’s marks and products, and diluting and tarnishing Hershey’s marks by creating an association in consumers’ minds with products containing cannabis and/or tetrahydrocannabinol. Defendants’ unauthorized conduct also creates a genuine safety risk with regard to consumers, including children, who may not distinguish between Hershey’s candy products and defendants’ cannabis- and/or tetrahydrocannabinol-based products, and may inadvertently ingest defendants’ products thinking that they are ordinary chocolate candy.
The lawsuit alleges violations of the Lanham Act, 15 U.S.C. §§ 1051 et seq., and state law. It wants a restraining order and for TinctureBelle to recall all of its "goods, product packaging, product displays, promotional materials, advertisements, commercials, infomercials", and to deliver the infringing products, displays, and ads for destruction. It also wants TinctureBelle to turn over any domain name that deceptively mimics Hershey and disable all websites depicting the infringing products. It wants TinctureBelle to notify all distributors of the allegedly infringing candies that the candies are a trademark infringement. Hershey also wants TinctureBelle to pay for an advertising campaign by Hershey to inform the public about the infringement of its products and reverse the damage the candies have done to its image.
As for money, Hershey's wants all of TinctureBelle's profits made on the infringing candies, as well as actual damages, statutory damages, compensatory damages, punitive damages, treble damages, and attorneys' fees and costs.
Personally, except for perhaps the Heath bar and Reese's, I don't think the products look that much Hershey's products. The "risk to children" issue seems like a red herring. Kids can't buy the products, intentionally or by mistake, since the law prohibits sales to juveniles. If parents buy the candies, it's their responsibility, not that of the edible company, to keep their kids from accessing them, just as it's the responsibility of parents to keep prescription medication and dangerous weapons out of their kids' hands.
TinctureBelle's website is currently down. I'm not sure if that's from the increased traffic caused by news of the lawsuit, or whether TinctureBelle voluntarily took down the site. It doesn't appear a restraining order has been granted yet.
Interestingly, Hershey is not asking for a jury trial. Maybe it doesn't think its position will garner much sympathy here in Colorado.