Nerds Maker Sues Over Cannabis in Allegedly Lookalike Candy

On Monday, Ferrara Candy Company filed a complaint against Akimov LLC, doing business as Top Five Wholesale, for counterfeiting, trademark infringement, unfair competition, dilution, and trade dress infringement.

The plaintiff, the complaint said, is a widely recognized and successful candy company in the United States, especially its NERDS and TROLLI products. The plaintiff’s NERDS brand is recognizable from its trade dress: specifically, its font and cartoonized candy characters. The plaintiff also registered the NERDS rope shape as its trade dress. As for the plaintiff’s TROLLI products, the plaintiff also uses a specific font and shape that the plaintiff registered trade dress.

The defendant engages in the manufacturing, marketing, sale, and distribution of THC-infused candy products. The complaint alleges that the defendant violates the plaintiff’s registered trade dress for both NERDS and TROLLI products to sell the defendant’s THC-infused versions. The complaint also alleges that the counterfeit products could endanger the consumer’s well-being.

The complaint cites photos for comparative reference:

The plaintiff seeks the following for relief: a judgment that the defendant violated Lanham Act and Florida Common Law, a permanent injunction restraining the defendant from engaging in any counterfeit, trademark and trade dress infringement, the defendant to pay damages, and the destruction of all counterfeit candy products created by the defendant.

The plaintiff is represented by Kasowitz Benson Torres LLP.