Tootsie Roll v. Tooshie Roll

Post original:

An epic trademark battle has begun:

Tootsie Roll (for candy) vs. Tooshie Roll (for toilet paper).

And no… I am not making this up.

The makers of Tootsie Roll have filed a « Notice of Opposition » to block a trademark application for TOOSHIE ROLL.

So why would they do this?

To protect the value of the TOOTSIE ROLL brand.

In the US, a company is not allowed to dilute the value of a famous brand by playing off its name.

(Technically, it is called « dilution by blurring. »)

The owners of the TOOSHIE ROLL trademark will likely lose this battle (should they choose to fight it).

Ultimately, this is another example of how a trademark clearance search can be helpful.

There are a lot of interesting « nooks and crannies » of federal trademark law, and you want to make sure the trademark you have selected does not violate some obscure rule you are not aware of.

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