Crabcakes & Cannabis stopped selling a parody sticker that mimicked the branding of McCormick’s Old Bay spice after the spice aisle giant sent a cease-and-desist letter to the small company. (Crabcakes & Cannabis)
On the shelves of cannabis dispensaries across Maryland, shoppers can find Crabcakes & Cannabis knickknacks, apparel, stickers, games and wooden crab mallets inspired by weed, crabs and the Old Line State. One popular design turns the Crossland family crest on the state flag into two red-and-white marijuana leaves. Another shows company mascot Buddy C. Weed, a red crab, holding a smoking joint in a claw.
But one particular sticker — a riff on an Old Bay spice container — has landed the shop in hot water.
The company’s parody of the spice blend uses the same yellow, blue and red design but replaces Old Bay’s overtures to flavor with a description of “Dank Herb” best used “for chilling, creating, munching, medicating.”
The homage was meant as a lighthearted joke for Maryland lovers, Crabcakes & Cannabis founder Jennifer Culpepper told The Washington Post in an interview. “They’re a spice company, and we’re talking about a different kind of herb,” she said.
But spice aisle giant McCormick & Co. took issue with the tongue-in-cheek sticker. The corporation, which books more than $6 billion of annual sales, sent a cease-and-desist letter to Crabcakes & Cannabis, demanding that the small business discontinue sales of its “Bud Sticker.”
“McCormick takes this matter very seriously as it is not in the business of sponsoring products relating to marijuana use, and wishes to protect its consumers from confusion,” a lawyer for the company wrote in a letter last month. The company further alleged that the parody sticker would damage McCormick’s reputation by creating a wrongful association between the company and cannabis.
In an emailed statement, the seasoning company said it is committed to protecting the identity of its renowned brands, including Old Bay, adding that it sent several requests to Crabcakes & Cannabis to stop selling the offending sticker.
“Marylanders are proud to wear their OLD BAY colors — and we love that they show their pride. That said, we must ensure that the use of our brand continues to promote and protect the goodwill we have built over the past 75+ years and is authorized by McCormick,” the company said in an emailed statement.
The claim comes several months after the U.S. Supreme Court sided with Jack Daniels in a dispute involving a poop-themed dog toy made to look like a bottle of whiskey. The court ruled that the dog toy company’s parody was not entitled to special First Amendment protections, raising concerns among intellectual property experts that corporations with deep pockets would more aggressively pursue actions against small companies that use their branding to make a joke. Jack Daniels is not the only brand to aggressively protect its trademark against potentially insulting parody: Mattel famously sued the band Aqua over its song “Barbie Girl” in the late 1990s, but the case was dismissed with a judge’s order telling the toy company “to chill.”
Culpepper, who founded Crabcakes & Cannabis in 2018, runs the company with two part-time employees. She said the business began with a slogan that’s a Maryland-related play on a quote from the movie “Wedding Crashers” — “Crabcakes and cannabis: That’s what Maryland does!” From there, Culpepper and her team continued playing with Maryland staples and icons, including the state’s flag and its culinary specialties.
Culpepper said she understands that McCormick has a right to defend its brand. In fact, she said, Crabcakes & Cannabis has had to challenge companies that have stolen the Maryland-marijuana flag design. But those companies simply lifted the design that Crabcakes & Cannabis trademarked to sell their own products without making any substantial changes, she said.
“I’m very sensitive to the idea of protecting your trademark or protecting your brand, but as an artist, parody and First Amendment rights are so important,” Culpepper added.
Among symbols of Maryland pride, Old Bay has earned a level of reverence perhaps beyond any other food product besides the state’s famous crabs themselves. To satisfy the spice blend’s loyal fans, the company has partnered with others to offer Old Bay-dusted Goldfish, a Flying Dog summer ale infused with the spice, a bloody mary mix and many other products.
Culpepper said she firmly believes the novelty sticker that looks like an Old Bay container is protected by the First Amendment as a work of parody. Still, the small business cannot afford to go to court with McCormick over the dispute, which Culpepper said a legal adviser told her could cost as much as $300,000 if her company wins the case and significantly more if it loses. Instead, Culpepper decided to send every customer a free sticker with any order over $20 until the current stock runs out.
“It really feels like a big company bullying a small business,” Culpepper said. “They are banking that I cannot afford to fight back.”
Despite the disagreement, Culpepper said Crabcakes & Cannabis still loves Old Bay.
