'; Leydig Wins Summary Judgment for Candy Company Haribo

Leydig Wins Summary Judgment for Candy Company Haribo

November 23, 2022

Mark Liss, Tamara Miller, and Laura Schaefer of Leydig successfully defended candy company Haribo in a hotly-contested trade dress lawsuit brought by the maker of SOUR JACKS watermelon candy in the U.S. District Court of New Jersey.  The plaintiff, PIM Brands, Inc., claimed Haribo infringed its product configuration trade dress registration for candy that has a design shaped and colored like watermelon.  Haribo was selling a competitive candy that also looked and tasted like watermelon.  The court agreed with Leydig that candy that looks and tastes like watermelon is functional and therefore not protectable.  In a complete victory for Haribo, the court granted summary judgment on liability and cancelled the plaintiff’s trade dress registration, finding that “[t]he sugary red, white, and green watermelon wedge can be made by all.”

Mark J. Liss
Tamara A. Miller