Dum Dums Hopes Tootsie Takes a Licking in Court
There is mutiny aboard the good ship Lollipop.
May 18, 2018 at 10:19 AM
2 minute read
Courthouse News reports that Dum Dums lollipop maker Spangler Candy Company is suing Charms lollipop maker Tootsie Rolls Industries over claims of trade dress infringement and unfair competition. Spangler alleges that Tootsie Roll is deliberately attempting to cause confusion by selling its Charms pops in the same red packaging as Dum Dums.
In the suit, Spangler says Tootsie had been packaging Charms Mini Pops in a yellow bag that made it easily distinguishable from Dum Dums. But a customer tipped off the company that Tootsie had redesigned its packaging, making it look more similar to the red bags of Dum Dums. Additionally, the suit claims that Tootsie has changed the color of its aisle-end display pallet boxes to look more like those of Dum Dums.
“Tootsie's adoption of its new trade dress for its pallet displays for Charms Mini Pops, and its direct and unfair competition against Spangler, will necessarily and permanently alter the market and irreparably harm Spangler,” the complaint asserts.
If the battle of the bags isn't exactly blowing up Twitter, at least one person was relieved to be alerted:
Tbh I was confused and I'm glad I saw this post before I accidentally brought home some mini charms when I wanted some dum dums
— Jess Gee (@jesshereforalaf) May 23, 2018
It's been a particularly litigious year for candy manufacturers. Gummy bears maker Haribo was unsuccessful in its attempt to stop Swiss chocolatier Lindt from selling chocolate golden foil-wrapped teddy bears. Nestle similarly lost a fight against Cadbury after trying to trademark the four-fingered shape of its Kit Kat bars.
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