Title : A Madison chocolatier — sued in federal court in Virginia by Mars Inc. for trademark infringement — says she will defend herself and go to trial.
link : A Madison chocolatier — sued in federal court in Virginia by Mars Inc. for trademark infringement — says she will defend herself and go to trial.
A Madison chocolatier — sued in federal court in Virginia by Mars Inc. for trademark infringement — says she will defend herself and go to trial.
Syovata Edari named her artisinal chocolate company CocoVaa and Mars has a product CocoaVia.Edari — who calls her business "my refuge" and "my heaven" — used to be a lawyer and holds up the complaint and says "This is what I was trying to get away from."
Do you think the product names are too similar? Even if they are, there's an argument that they're not "confusingly similar" because Edari makes candies and Mars's CocoaVia is – as you can see at Amazon – a powdered extract in a capsule sold as a dietary supplement.
Although though the linked article says Edari "plans to represent herself and her company," she has a lawyer working with her on answering the complaint, and he says:
“It’s like connecting a vitamin with a candy. Their names might be similar but they just don’t go together.... It’s like Delta. There’s Delta faucets, Delta Airlines, Delta Dental. Nobody connects them.... Nobody would mistake it for candy and it’s not sold with candy... he packaging and pricing are extremely different."But Mars is well-known as a candy company, and doesn't influence people shopping for cocoa supplements? I'm looking at the Amazon page for CocoaVia, and I can't find "Mars" on the page without using command-F, so I'm inclined to think that Mars doesn't want consumers to connect the health/"health" product to its reputation for candy.
Any thoughts — especially from those of you who have experience in the field of trademarks?
Thus articles A Madison chocolatier — sued in federal court in Virginia by Mars Inc. for trademark infringement — says she will defend herself and go to trial.
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