Peeps Maker Advances Bunny Trademark, Trade Dress Claims

Just Born Inc., the manufacturer of Peeps marshmallows, can proceed with claims that a competitor infringed its trademarks and trade dress with bunny-shaped candy sold online and in national and regional retailers.

U.S. District Judge Stanley R. Chesler of the District of New Jersey ruled that whether Just Born's candy bunny design is functional or generic, and thus an invalid registration, is a fact-intensive inquiry that cannot be resolved on a motion to dismiss.

The court also denied the defendant's bid to dismiss additional claims, including federal and state trademark dilution and unfair competition.

Just Born alleges that Maillo Confections LLC's products copy the distinctive bunny shape and related trade dress associated with its well-known marshmallow candies.

The ruling allows the case to move forward into discovery on the validity and scope of protection for the bunny design marks and dress.

Sources: https://news.bloomberglaw.com/ip-law/peeps-maker-advances-marshmallow-bunny-trademark-dress-suit https://www.bloomberglaw.com/