Lollipop IP Lawsuit Survives Motion to Dismiss

A New York federal court has denied a motion to dismiss a patent
infringement and trade dress suit filed by candy maker The Topps
Co. alleging that a competitor copied its Juicy Drop lollipop. The
Topps Co. v. Koko’s Confectionery & Novelty, Inc., No. 16-­5954
(S.D.N.Y., order entered June 7, 2017). Topps alleged that Koko’s
Squeezy Squirt Pop copied a design that allows the user to spray a
lollipop with flavored liquid using a two­-chamber mechanism;
further, Koko’s used a similar logo, font and color on the
packaging and similar names for the candies’ flavors, the
complaint asserted. The court’s decision followed oral arguments
over whether the positioning of the chambers of the mechanism
relative to the user was infringing. Topps’ attorney reportedly told
the court, “It can’t be the law that just because you hold it at 90
degrees, it’s not an infringement.” See Law360, June 6, 2017.

Issue 637