Indiana Intellectual Property Law News
Indianapolis, Indiana – Attorneys for Plaintiff, Circle City Marketing & Distributing, Inc. d/b/a/ Candy Dynamics (“Candy Dynamics”) of Carmel, Indiana, filed suit in the Southern District of Indiana alleging that Defendant, Jelly Belly Candy Company (“Jelly Belly”) of Fairfield, California, infringed its rights in United States
Trademark Registration No. 4,780,103 (the “‘103 Registration”) for “candy”. Candy Dynamics is seeking damages, costs, attorneys’ fees, expenses, and any other relief the Court deems proper.
Candy Dynamics claims it has sold candy for over twenty years and has offered various product lines including its TOXIC WASTE® line of sour candy. According to the Complaint, Candy Dynamics began using a two-tone pattern of alternating angled stripes (the “Hazard Stripe Mark”) for its advertising and packaging at least as early as 2001. Candy Dynamics claims that the Hazard Stripe Mark is inherently distinctive and it was therefore awarded trademark protection under the ‘103 Registration.
According to the Complaint, Jelly Belly has, with constructive knowledge of the Hazard Stripe Mark, advertised, promoted, and sold candy products, including its Bean Boozled product line using a “hazard stripe design” (the “Infringing Mark”). Candy Dynamics claims that on or about March 28, 2017, its counsel sent a letter to Jelly Belly informing it of the ‘103 Registration and alleged infringement. While Jelly Belly allegedly agreed to “phase out use of the solid stripe design,” Candy Dynamics claims Jelly Belly instead slightly modified its product by adding several “CAUTION” statements in front of the Infringing Mark and modified the width of the stripes. As such, Candy Dynamics is seeking damages for federal and common law trademark infringement and unfair competition pursuant to 15 U.S.C. § 1114 et seq., the common law, and 15 U.S.C. § 1125, respectively.
The case was assigned to Senior Judge Sarah Evans Barker and Magistrate Judge Debra McVicker Lynch in the Southern District and assigned Case 1:20-cv-00325-SEB-DML.