Judge: Tootsie Mini Pops packaging too similar to Dum Dums’

TOLEDO, Ohio – 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.

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Information from: The Blade, http://www.toledoblade.com/