The Topps Co. has filed a patent and trade-dress infringement lawsuit
against Koko’s Confectionery & Novelty Inc. alleging that Koko’s Squeezy
Squirt Pop copies some features of the Juicy Drop lollipop. Topps Co. v.
Koko’s Confectionery & Novelty Inc., No. 16-0595 (S.D.N.Y., filed July
26, 2016). The complaint targets Squeezy Squirt Pop’s logo, font, bright
and vivid colors set against a black background, flavor names and the
appearance of the word “pop” as infringing trade dress.

In addition, Topps asserts ownership of a patent on “a combination
lollipop candy and flavored liquid dispenser”; a Squeezy Squirt Pop
“combines a lollipop with a flavored liquid in a squeeze dispenser that
is then squirted into a trough-shaped cavity in the lollipop itself so that
it can then be licked off.” For alleged patent infringement, trade dress
infringement and a violation of the Lanham Act, Topps seeks an injunction,
an order recalling the product from distributors, an accounting,
treble damages and attorney’s fees.


Issue 613

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.