SAN JOSE, Calif. – It was a big enough problem for Kenneth Affolter when he was sentenced to more than five years in prison for making marijuana-laced treats and soft drinks.
Now he faces the wrath of a candy giant.
The Hershey Co. has sued Affolter, 40, for giving his goodies names like Stoney Rancher, Rasta Reese's and Keef Kat. Each came in packaging similar to Hershey's Jolly Rancher, Reese's Peanut Butter Cups and Kit Kat candies, according to the Drug Enforcement Administration.
Hershey's suit, filed earlier this month in U.S. District Court in San Jose, accuses Affolter of trademark infringement, trademark dilution and unfair competition. The company is seeking $100,000 in damages.
Papers were served on Affolter on Tuesday while he was in a county jail awaiting transfer to state prison.
Affolter's lawyer, David M. Michael, said he was negotiating with Hershey.