Citing tens of millions of advertising dollars that are at stake, Mars objected to Fruit Bunch's primarily yellow package color that includes pictures of fruit, as well as a red banner with the words "real fruit juice," all of which are similar to the Starburst package. Trade dress apparently isn't the only thing the candy makers have in common: When asked to comment on the pending litigation, both firms declined.
Candy packages get bitter response
Mars Inc., McLean, VA, filed suit in U.S. District Court in Manhattan in early December seeking an order that bars E.J. Brach Corp., Chicago, IL, from selling Brach's redesigned package of Fruit Bunch® candy that bears a close resemblance to Mars' Starburst® fruit chews candy.
Dec 31, 1994
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