26 February 2019Trademarks

Vitamin companies in dispute over gummy bear trademark

Besweet Creations, a Florida-based vitamin company, is suing a Texan rival for trademark infringement over its line of “vitamin gummies”.

The Florida company, which owns the ‘ Sugarbearhair’ brand of hair vitamin products, said that Trureflections copied its signature gummy bear design.

The complaint was filed yesterday, February 25, in the US District Court for the Southern District of Florida.

Besweet registered a trademark for its ‘Bear’ design (US number 5,033,503) in 2015. The company markets a line of vitamin products, including hair vitamins, using the design.

The mark covers gummy bear vitamins and the design of the bottle. According to the suit, Besweet has invested significant resources into developing its brand, and has earned goodwill and a distinct reputation for its gummy bear vitamins.

According to the complaint, Trureflections’ line of vegan hair vitamin gummies is “nearly identical” to Besweet’s ‘Sugarbearhair’ vegetarian vitamin products.

The Texas company’s hair vitamins copied both the gummy vitamin design and the decorative bottle, the complaint said.

Besweet claimed that the similarity in the products was likely to cause confusion among consumers.

Besweet is seeking damages for wilful infringement of its mark and false designation of origin, and an injunction preventing Trureflections from continuing to use the gummy bear design, as well as a ruling forcing Trureflections to pay for corrective advertising.

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