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27 March 2017Trademarks

Mars files TM infringement claim against chocolatier

Confectionery company  Mars has filed a trademark infringement claim against a chocolate-making business in the US.

Mars  filed its lawsuit (pdf) against CocoVaa and its parent company Syovata Edari at the US District Court for the Eastern District of Virginia on Friday, March 24.

The company argued that CocoVaa had infringed its trademark in violation of the Lanham Act and that the defendants competed unfairly, falsely designated origin, and passed off its mark.

Mars also asked for the defendants’‘CocoVaa’trademark to be cancelled.

According to the suit, Mars’  CocoVia brand was launched in 2003 and is a line of dark chocolate bars that contain coca flavanols and plant sterols.

These flavanols and plant sterols promote healthy blood flow, according to the Mars website.

Mars owns a trademark for the term ‘CocoVia’at the US Patent and Trademark Office. The mark was first used in commerce in 2010, the claim said.

The suit said that in July last year, defendant Syovata Edari founded the company CocoVaa and also launched a line of chocolate products under the trademark ‘CocoVaa’.

The ‘CocoVaa’mark was filed in August last year and registered in March this year.

This mark covers products such as chocolate candies, chocolate fondue, chocolate mousse and toffee.

In September last year, Mars sent a cease-and-desist letter to CocoVaa. The defendants replied via email and declined Mars’request to stop using the ‘CocoVaa’mark.

Mars argued that the ‘CocoVaa’mark is likely to confuse and deceive consumers, and harm the company’s reputation and goodwill.

Mars asked for damages to compensate for the injury it has sustained, profits and a jury trial.

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