A federal judge is siding with the makers of Dum-Dums lollipops in its lawsuit against a rival candy maker.
A preliminary injunction handed down in Ohio says Tootsie Roll Industries must at least temporarily stop using its new packaging for its Charms mini-pop lollipops.
Ohio-based Spangler Candy Co. is suing Tootsie Roll because it says the Chicago-based company’s new mini-pops packaging too closely resembles the Dum-Dums packaging.
Tootsie Roll disputes those claims. A message seeking comment was left Wednesday with Tootsie Roll.
The judge says in a decision issued last week that Tootsie Roll is using packaging nearly identical to the Dum-Dums packaging, right down to the red bag and white lettering.
The Blade reports Spangler believes the packaging is so similar that customers would easily confuse the two products.
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