Federal Judge Allows Peeps TM Suit to Proceed but Denies Injunction

A federal judge in New Jersey has allowed a trademark infringement lawsuit by the maker of Peeps marshmallow candies to continue against a rival confectioner.

The court rejected the defendant's bid to dismiss the case but declined to issue a preliminary injunction blocking sales of the rival's bunny-shaped marshmallows. The judge found it unlikely that consumers would be confused due to differences in packaging.

The ruling permits the litigation to advance on the merits while permitting the defendant to continue selling its products in the interim.

The decision addresses claims of trademark infringement in the seasonal candy category.

Sources: https://www.law360.com/articles/2518796/peeps-tm-suit-hops-along-but-rival-s-candy-can-t-be-blocked https://trademarklawyermagazine.com/trademark-news/