The Carmel-based maker of Splenda sweetener, Heartland Consumer Products has filed a lawsuit in the U.S. District Court in Indianapolis against a convenience store chain, Speedway LLC for trademark infringement.
The plaintiff alleges that the defendant offers its customers a knockoff sweetener in yellow packets that look extremely similar to Splenda’s packaging.
The plaintiff reportedly said that the sucralose sweetener offered by the defendant to its customers comes in a yellow packet with a label indicating its packaging in the United States.
The plaintiff reportedly said that it makes Splenda in the U.S. and uses yellow packaging for the sweetener which is a significant attribute in marketing the product through its various Heartland manufacturing and distribution facilities in Indianapolis.
The plaintiff alleges that Speedway’s yellow-colored packets are likely to cause consumers confusion, unfair competition, and damages.
Heartland alleges that Speedway’s yellow-colored packets prevent Speedway’s customers from either demanding that the chain provide them with Splenda or purchasing their coffee at other stores that do carry Splenda.
Heartland is seeking the court to find that Speedway has engaged in trademark infringement and false advertising; to order the retailer to destroy all its yellow sweetener packets and stop using this packaging; to require the retailer to disgorge profits related to the sweetener; and to pay Heartland damages, attorney fees and court costs in an unspecified amount, among other things.
The case is ongoing.
HEARTLAND CONSUMER PRODUCTS LLC v. SPEEDWAY, LLC
|Court:||Indiana Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Feb 08, 2021|