Trademark Musings

Thoughts on trademark issues by Laura Winston

How Smart are SMARTIES?

I admit it, I love candy.  I’d walk a mile for a pack of Skittles.  I love jelly beans, both gourmet and regular.  Starburst, Swedish fish, I find it hard to say no.  But the one candy that just doesn’t do it for me, the only one that allows me to pass the office candy bowl with hardly a glance, is SMARTIES.  Its  gritty, teeth-hurting texture reminds me of baby aspirin, without the heart health benefits.

So I’m not surprised that the owner of the SMARTIES trademark in the US, Ce De Candy, Inc., was upset when Amazon began online sales of  Nestle’s SMARTIES product to customers in the US.  Now THERE’S a candy.  Quite M&M’s-like, but a little bigger if memory serves, they are chocolate goodness with a hard candy shell.  I indulged in them in England and Ireland a few years ago.

Ce De Candy, who has used the trademark SMARTIES for chalk candy since 1950 according to its trademark registration, is going after Amazon for trademark infringement.  Although the trademark lawyer in me agrees with Ce De, the candy lover in me wishes that Nestle had entered the marketplace first!  Oh well, think I’ll crack open a bag of M&M’s and ponder this some more.

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June 20, 2010 - Posted by | Uncategorized | , , , , , , , , , ,

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