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Florida Intellectual Property Attorney > Blog > Trademark Copyright Infringement > Trademark Infringement Claim Filed in Hot Chocolate Case

Trademark Infringement Claim Filed in Hot Chocolate Case


On December 25th, 2023, Bloomberg Law News reported that a trademark infringement lawsuit is brewing over a hot chocolate product. A company alleges that a competitor’s hot chocolate “bomb” is confusingly similar to its own product. Within this article, our Florida trademark infringement litigation attorney discusses the dispute in this case and explains the standard for trademark infringement claims.

The Allegations: ‘Chocolate Bombs’ vs. ‘Hot Chocolate Bomb’ 

Frankford Candy LLC is a Philadelphia, PA company that makes a product called a “Hot Chocolate Bomb.” The product was first put on the market in the fall of 2019. A competitor—a New York, NY company—sells a product called a “Chocolate Bomb.” That product was released more recently. There are allegations that the two products have substantially similar marketing.

Trademark Infringement Requires Substantial Likelihood of Confusion 

Companies and organizations work hard to build trust and a reputation, and trademarks help them protect that. When is a business legally liable for trademark infringement? Both federal law and Florida law have a broad similar standard: To prove trademark infringement, a plaintiff must establish that the mark in question would likely create confusion in the mind of a reasonable consumer. In other words, the standard means that many people would like to have questions as to the true source of the product or service in question.

Common Defenses Against a Trademark Infringement Claim 

Any business in Florida that is facing a trademark infringement claim has the right to raise a zealous defense. Understanding the available defenses can help companies protect their rights and their interests. Some of the most common trademark infringement defenses include:

  • Non-Commercial Use: If you are using the trademark in a non-commercial way, like for educational or commentary purposes, you might argue that your use is not infringement.
  • No Likelihood of Confusion: The main point of a trademark is to prevent confusion about who makes a product or offers a service. If your use of the trademark does not confuse people about the source of goods or services, this can be a strong defense.
  • Not Distinctive: If the trademark is generic or descriptive without having gained a unique meaning in the public’s mind, you might argue it is not protectable.
  • Fair use: In some cases, a business may be allowed to use a trademark if it is for reasons that fall under a legally protected exception—such as certain product comparisons.
  • Abandonment: If a trademark hasn’t been used for a long period, it might be considered abandoned, and thus, not protected. It could be a viable trademark infringement defense.

Contact Our Florida Trademark Infringement Lawyer Today

At Perkins Law, our Florida IP rights lawyer has the professional skills and legal expertise to take on all types of trademark infringement claims. We work with plaintiffs and defendants. Give us a phone call now or contact us online to arrange your confidential initial case review. From our South Florida law office, we handle infringement actions throughout the state.



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