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