Yesterday, King.com Limited and Midasplayer (Skills) Limited filed a notice of opposition to the Trademark Trial and Appeal Board (TTAB) against International Fruit Genetics, LLC, the applicant, for attempting to register trademarks for “Candy Crunch” products, which the opposers say will damage their “Candy Crush” brand name reputation.
The applicant wants to register “Candy Crunch” with the TTAB for a large number of products including fruit, vegetables, candy, chocolate, jams, ice cream, condiments and more. The opposers have contested this because they have been cultivating their “Candy Crush” brand since 2004 with a host of games, computer software and programs, including their flagship, “CANDY CRUSH SAGA.” Furthermore, they have “continuously and extensively,” advertised their games and products, and their trademarks “have developed and represent valuable goodwill inuring to the benefit of Opposers.” The opposers claimed that the proposed Candy Crunch trademark is “confusingly and deceptively similar to Opposers’ previously used and duly registered CANDY CRUSH Marks.”
Because of this, the opposers alleged that the registering of Candy Crunch with the Trademark Office will cause them damages and are “likely to cause confusion, mistake, or deception that Applicant’s good are those of Opposers, or are otherwise endorsed, sponsored, or approved by Opposers for use with Opposers’ goods and services causing further damage to Opposers.” This is because Candy Crush is a well established and famous franchise, according to the notice, and would confuse their consumers if a similarly named product appeared on the market.
The opposers are represented by Merchant & Gould, P.C.