King Has 'Crush' Trademark Opposed By Dr. Pepper

from the by-their-own-petard dept

App-maker King, of Candy Crush fame, has built up a reputation for itself as a trademark bully. The company has previously attempted to threaten pretty much any game or mobile app that utilizes the words “candy” or “saga.” And if that sounds insane to you, you’re not alone, as there have been several instances of severe backlash against how King goes about “protecting” its trademarks.

As this site’s version of the saying goes: live by the intellectual property, die by the intellectual property. Well, not die, perhaps, but it’s slightly amusing to watch King have its “Crush” trademark opposed by Dr. Pepper.

In a bid to create a further layer of protection for their games, have filed an application to protect ‘Crush’ as a trade mark in the US for confectionery. Unhappy about this application, Dr Pepper have filed an opposition claiming the ‘Crush’ trade mark will damage the goodwill of their own ‘Crush’ marks.

Dr Pepper owns several trade marks for the word for a number of items including certain confectionary items and cosmetics. Dr Pepper has based their claims on the fact they believe by allowing the application by, it will cause dilution of the distinctive quality of Dr Peppers marks.

Ok, let’s get the obvious out of the way: this is a fairly silly opposition if its basis is to do with customer confusion. Frankly, I can’t imagine how many people are even aware that the Crush mark is being used in the confections space by Dr. Pepper. I certainly can’t think of a single Crush-branded candy. My quick google search didn’t turn up much either. Crush is known for its soft drinks. Meanwhile, King is known for its apps, and even if it makes the move into retail in the way that Angry Birds has, and that retail business includes candies, who is going to confuse any of that with Dr. Pepper’s Crush brand?

That being said, this opposition is certainly more valid than King’s bullying of the makers of The Banner Saga over that last word. I won’t say this has reached the level of schadenfreude for me, but it is somewhat hard to get any tears to build up over King having to endure a silly opposition to its trademark.

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Companies: dr. pepper, king

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Comments on “King Has 'Crush' Trademark Opposed By Dr. Pepper”

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James Burkhardt (profile) says:

Actually, I cn understand this. Dr. Pepper is actually big into soda-flavored Branded candy. Dr Pepper and Crush licorice are great, and I know there are other types of candy branded with the Dr. Pepper marks.

I could easily see a Crush branded candy being confused as to wether it was the soda Crush or the “candy” Crush.

Not likely in the store, as visual branding could distinguish the two. No, I’m talking in audio and text descriptions, that do not necessarily include the visual branding.

But then again, Timothy might not have the combination of sweet tooth and dollar store/amazon shopping habits I have.

Phoenix84 (profile) says:

Re: You didn't search well enough

Forgot to add,
I’ve seen Dr Pepper flavored candies before (jelly beans). So it’s not a stretch to think they could have Crush branded candy too.
Since I, as a consumer, know they have candy, if I see Crush candy, I might think it’s from Dr Pepper.

I don’t like King anyway, but Dr Pepper has a solid case here, IMO.

Anonymous Coward says:

Source article: “Dr Pepper has based their claims on the fact they believe by allowing the application by, it will cause dilution of the distinctive quality of Dr Peppers marks.”

Timmy’s take: “Ok, let’s get the obvious out of the way: this is a fairly silly opposition if its basis is to do with customer confusion.”

You should look up “dilution.” Confusion is irrelevant.

Why Mike has you writing about trademark law, I’ll never understand.

Anonymous Coward says:

Carbonated prune juice

What candy would anyone make based on their base product of carbonated prune juice? Their candy would have to include caffeine, mostly sugar and the faint taste of things other than prunes, but still would be mostly prune.

King Crush? Simpler, damned near anything in the shapes evoking their game.

Simple mobile game figures vs prune candy.

I’m confused but not about which is which.

cecil says:

Crush candy, not Dr. Pepper candy, although there is that too

Orange, lemon lime, etc not prune juice. 😀 And since they advertised back in the 50’s that you could serve it hot, maybe hot beverages are covered too? They had to know that someone would have to step forward and protect the crush mark, because as they explain it, that’s what you have to do, litigate single words for any possible application to anything and make a general AHat of one’s self… That’s what the law says right?

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