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Quality Specialty Pharmacy l Interactive Promotion :: Quality Specialty Pharmacy’s had an initiative and made it simple, yet impactful, from the start – it was to equip their reps with “in-your-face” leave-behinds.  These quirky pens were meant for reps to hand out to office staff so they could refer the pharmacy each time a patient sought to fill a prescription.  This fun, interactive pen was a great way to pierce through the monotony of the day and surely reminded the staff of how grateful they were to earn their business. Spinner Law Firm  l  Catalog Design :: As a Personal Injury attorney in Tampa, Spinner Law Firm decided to gain traction through a community “grassroots” advertising campaign. Hundreds of catalogs were inserted into refillable countertop display stands placed on local business countertops reinforcing the ongoing brand awareness perfectly complementing his existing marketing plans. U.S. Fashions  l  Logo Design :: U.S. Fashions reached out to Brandz to discuss how a brand could be created so that it would be interpreted similarly throughout a diverse, worldly audience.  As an international apparel broker, it was important for them to emulate an image which exudes trendiness, style with an a-la-mode of elegance.  The outlined, posh silhouette of a woman draped in chic garment poses in front of high-rise structures proved to transcend their vision of a multi-cultural image they’ve been seeking.

19
January
2012

Giant company sues for trademark infringement

Footzyrolls Sued By Tootsie Roll Industries

Alleging “willful, malicious and fraudulent” branding, candymaker Tootsie Roll Industries (TRI) has filed a trademark lawsuit against Miamibased Rollashoe, which markets and sells Footzyrolls within the ad specialty industry and through retail channels. The suit, which was filed in federal court in Illinois, accuses Rollashoe of trademark infringement and the intentional diluting of the Tootsie Roll brand.

“Rollashoe’s activities compete unfairly and are likely to cause confusion, if they have not already, with TRI and its previously acquired and current marks,” Tootsie Roll said in its complaint.

In response to the lawsuit, Footzyrolls has called the allegations baseless, while attempting to draw a sharp distinction between its ballet-like collapsible slippers and Tootsie Roll’s items. “Our product has nothing to do with candy,” wrote Sarah Caplan, cofounder of Rollashoe, in a statement to Counselor. “Our name is not the same, and there is no confusion between our products. This lawsuit is frivolous, and we intend to use all of our resources to fight these big-business bullies. By the way, you can’t eat our shoes.”

Attorneys representing TRI did not respond to inquiries by Counselor for comment on the lawsuit. However, according to the filing, TRI intends to argue that its products are sold “to a similar class of consumers” as Rollashoe’s items, creating brand confusion. Presently, Tootsie Roll licenses the use of its trademark for footwear, apparel and certain accessories. TRI has tried in the past to stop Rollashoe from registering the Footzyrolls name in the U.S. Patent and Trademark Office.

TRI, which generated revenues of more than $521 million in 2010, has been in business for 103 years. Rollashoe, which expects its sales to climb to $3 million by next year, was established in 2009. In its first year in business, the company’s Footzyrolls product quickly gained popularity when it was listed in O: The Oprah Magazine’s 2009 Holiday Gift Guide.

In seeking relief, TRI is asking the court to order damages and to block Rollashoe’s use of the Footzyrolls name. TRI is also asking that all brochures, catalogs, packaging and other promotional and marketing materials bearing the Footzyrolls mark be delivered to TRI so they can be destroyed. 

Categories: Branding 101

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