A Carmel-based company doing business as Candy Dynamics, Circle City Marketing & Distributing Inc., has filed a lawsuit in the U.S. District Court in Indianapolis against Jelly Belly, which is based in Fairfield, California, between San Francisco and Sacramento over trademark infringement.
The plaintiff alleges that the jelly bean maker’s packaging is too similar to its own and could cause customer confusion.
The plaintiff reportedly said that it has obtained federal trademark protection for the packaging design in 2015 and has been using a hazard stripe mark, alternating bars of angled black and yellow stripes—as part of its packaging since 2001.
The plaintiff alleges that Jelly Belly also uses yellow and black striping on the packaging for its BeanBoozled brand which is similar to Candy Dynamics design.
Candy Dynamics alleges that infringement notice was sent to Jelly Belly in March 2017 and Jelly Belly agreed to phase out its use of the design.
According to the lawsuit, Jelly Belly made insignificant changes to the design which does not still differentiate both designs.
Candy Dynamics is seeking jury, permanent injunction and payment for damages and costs in an unspecified amount, including Jelly Belly’s profits from the sale of products that used the stripe design.
The case is ongoing.
CIRCLE CITY MARKETING & DISTRIBUTING, INC. v. JELLY BELLY CANDY COMPANY
|Judge:||Sarah Evans Barker|
|Court:||Indiana Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Jan 29, 2020|