Spangler Wins Preliminary Injunction Against Tootsie Roll Industries
Spangler Wins Injunction Against Tootsie Roll
FOR IMMEDIATE RELEASE
SPANGLER WINS PRELIMINARY INJUNCTION AGAINST TOOTSIE ROLL INDUSTRIES
Yesterday, a US District Court judge granted Spangler Candy Company preliminary injunctive relief against the nationwide sale of certain Charms Mini Pops manufactured by Tootsie Roll Industries. The ruling is a result of a lawsuit filed by Spangler against Tootsie last May, which complains Tootsie copied Dum-Dums packaging which was likely to cause consumer confusion when purchasing lollipops.
The court’s ruling found that Tootsie not only intended “to copy Spangler’s long used Dum- Dums trade dress”, but acted “with the intent to deceive.” The court also found that Spangler’s damages by continuing “selling the Charms Mini Pops in the red package is irreparable.”
“We are pleased the Court recognized that good packaging design is time-consuming and expensive, and you can’t short cut the process by copying a competitor’s successful design for your own product,” said Kirk Vashaw, Chairman and CEO of Spangler Candy Company. “We believe in fair competition, but intentionally confusing consumers is not aligned with our family company values.”