TrinitySun Inc. Sued by Ferrara Candy Over Fruit Stripe Trademark

fruit-stripe-gum-plenty-pack

Photo by CandyFavorites.com

Even though the FDA hasn’t cracked down on e-liquids quite yet, trademark infringement still is a very real thing. Ferrara Candy, maker of Fruit Stripe gum, is suing online e-cig company TrinitySun Inc.

The Chicago Tribune reports that the name Fruit Stripe and the design was used without Ferrara’s consent, and it is the company that owns the trademark to the brand. The name was later changed to striped gum, but according to the Tribune there still was a photo of five “colorfully striped pieces of gum that look similar to Fruit Stripe.”

“If parents thought Ferrara Candy was trying to use its famous candy brands to hook children into nicotine products, it would dramatically and irreparably harm Ferrara Candy and its FRUIT STRIPE trademark,” Ferrara said in the suit filed last month in U.S. District Court for the Northern District of Illinois.

The rest of the Tribune story said that Ferrara claimed it reached out to TrinitySun Inc. about the issue multiple times in 2014, and sent three cease-and-desist letters last fall. It said  TrinitySun did change its use of Fruit Stripe trademarks on the site somewhat, but didn’t get rid of them completely.

TrinitySun’s president told the Tribune that he took the Fruit Stripe name down and changed the name to striped gum. However, Ferrara does not want any mark, word, design or similar name used that could confuse an e-liquid with its brand.

For the full story, visit http://consumerist.com/2015/07/13/company-behind-fruit-stripe-gum-suing-e-cig-company-over-vape-flavor/.

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