Question

Wrigley Company (Wrigley) recently sued Dreamcore Enterprises, a company that sells liquids for electronic cigarettes, over the use of the ‘Juicy Fruit’ trademark on its e-liquid. Wrigley is suing Dreamcore for federal trademark infringement.

“Wrigley wants to ensure that the public is not confused into believing that it has somehow authorized, sponsored, licensed, or otherwise given its blessing to this use of the mark,” an attorney for Wrigley explained. “Moreover, it is concerned that the use of its family-friendly and familiar mark in connection with products that may be harmful will entice not only adults but also children to the infringing product, which would therefore tarnish the goodwill and reputation of its Juicy Fruit trademark.”

The Juicy Fruit mark is a core asset of Wrigley’s trademark portfolio. The mark was registered in 1915 and has been in use since 1894.

Answer the following questions:

1. Is Dreamcore’s use of ‘Juicy Fruit’ an infringement on Wrigley’s trademark? Why or why not?
2. Does Wrigley have a valid argument that association with this type of product will “tarnish the goodwill and reputation of its ‘Juicy Fruit’ trademark”? Why or why not?

Answer 1

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1. Yes, Dreamcore's use of juicy fruit an infringement on Wrigley's trademark because the law of trademark is that unauthorized use of trademark connection with goods and service with a manner makes any type of confusion, mistakes about the good source. And dream core use of Wrigley's juicy fruit trademark makes infringement by selling their e-cigarette liquids which is harmful to every category and tarnishes the goodwill and reputation of Wrigley, Wrigley did not give any permission for dream core to use their trademark and using the trademark without the permission.

2. Yes, Wrigley has a valid argument that association with this type of product will "tarnish the goodwill and reputation if its juicy fruit trademark because dream core company is an e-cigarette liquid manufacturer of company and e-cigarette liquid chemical, is totally harmful to everyone health and make addiction. Wrigley makes chewing gums, fruity confection, etc that are not harmful to anyone. if any e-cigarette liquid manufacturer uses their trademark then it will tarnish the Wrigley's reputation and goodwill in front of customers, dream core also breaks the trademark laws.