Crabcakes, Cannabis, and the First Amendment: How the Jack Daniels SCOTUS Decision is Affecting Small Businesses

A local Annapolis-based company, Crabcakes & Cannabis®, has made the decision to stop selling a popular parody sticker amidst a cease-and-desist dispute with global seasoning giant McCormick & Company, Incorporated, the makers of Old Bay® seasoning.

ANNAPOLIS, Md., Oct. 12, 2023 /PRNewswire-PRWeb/ -- Maryland-based company, Crabcakes & Cannabis®, has made the decision to stop selling a popular parody sticker amidst a cease-and-desist dispute with global seasoning giant McCormick & Company, Incorporated, the makers of Old Bay® seasoning. The novelty sticker, which humorously parodies the iconic Old Bay spice jar, sparked controversy as McCormick alleged trademark infringement and tarnishing of their image by associating it with marijuana.

Jennifer Culpepper, Founder of Crabcakes & Cannabis®, says, "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."

The cease and desist letter sent from McCormick & Company upon the Jack Daniels SCOTUS decision claimed that the parody sticker, featuring the words "420 BUD" in a design reminiscent of the Old Bay jar, infringed upon their trademark and trade dress, potentially harming their brand's reputation. McCormick stated that the company "takes this matter very seriously, as it is not in the business of sponsoring products relating to marijuana use."

Culpepper continued, "We deeply respect businesses' (and artists') rights to safeguard their brands, but it is paramount that we strike a balance between these rights and the freedom of expression and creativity that parody affords. When a large business bullies a small business through costly litigation, it makes standing up for your rights nearly impossible. 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, renowned for its distinctive Maryland cannabis-themed apparel, has long embraced the unique cultural and traditional facets of Maryland. The parody sticker served as a lighthearted tribute to two quintessential elements of Maryland life ? Old Bay seasoning and the cannabis culture.

While the company is disappointed to discontinue the sticker, it remains committed to its mission of spreading joy and creating community among Maryland cannabis enthusiasts. The company will continue to provide customers with a wide variety of Maryland-themed cannabis apparel and accessories.

Culpepper is also the owner of Brand Joint, a national branding agency, and has been on the other side of copyright infringement in the past. She states, "We have always been very careful not to copy, but rather to create fun and unique parody designs that celebrate Maryland icons."

In the spirit of encouraging creativity, Culpepper concluded, "We hope that this experience will spark a broader conversation about the importance of protecting parody and freedom of expression in our society.

About Crabcakes & Cannabis®:

Crabcakes & Cannabis® is an Annapolis-based company specializing in Maryland cannabis-themed apparel and accessories that celebrate cannabis culture and the unique heritage of the Free State. The company's goal is to spread joy through the humor of parody by putting a fun twist on the things that Marylanders love. Founded in 2018, the company has gained popularity for its creative designs and commitment to fostering community through local pride.

For more information about Crabcakes & Cannabis, visit crabcakescannabis.com

For Press Inquiries, Please Contact:

Jennifer Culpepper: [email protected]

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Instagram: @crabcakescannabis

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Media Contact

Jennifer Culpepper, Crabcakes & Cannabis, 1 3017751961, [email protected], crabcakescannabis.com

SOURCE Crabcakes & Cannabis