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MARS Vs COCOVAA : Details Of The Trademark Infringement Case.

LOOK ‘I’ WAS THE CULPRIT HERE. ‘I’ ADMITS THAT. I THOUGHT THE MOST CONSTRUCTIVE THING I COULD DO, IS TO POINT OUT ‘I’.

Two of the prominent Confectionery companies are now busy voicing their stands in the District Court of US for trademark infringement. The famous Chocolate company, ‘MARS, INCORPORATED’ filed a lawsuit against ‘COCOVAA, LCC’ and SYOVATA K. EDARI, on 24th March 2017.

Can you guess which one belongs to Mars?

COCOVAA or COCOAVIA

Well, blame the ‘I’.

Synopses of the case:

  • PLAINTIFF

Mars Incorporated, is a global giant which deals in manufacturing of products related to,

  1. Petcare
  2. Chocolate
  3. Food
  4. Drinks
  5. Wrigley
  6. Symbioscience

It has diversified its scope even further into the research of cocoa flavanols, which provides real health benefits from chocolates by regularizing a healthy blood flow within the body. The Company designed a combination of cocoa extracts with the highest concentration of flavanol under the brand, ‘COCOAVIA®’.

 

  • TRADEMARK

In 2003, Mars launched its first functional food product under brand ‘COCOAVIA’. The brand deals with a line of products ranging from dark, milk, granola, almond covered chocolates to ready to drink beverages, containing coca flavanols and plant sterols.

Mars got ‘COCOAVIA® Good’s and mark registered with the US Patent and Trademark Office (USPTO), under the Registration No. 4,79,465  under CLASS 5 (pharmaceuticals) on 24th July,2012.

‘COCOAVIA®’ mark was first used in commerce in October, 2010.

 

  • DEFENDANT

COCOVAA, is a limited liability company, formed in July,2016 and is owned and managed by Syovata K. Edari, an individual. Initially, in 2015, the company used to deal in chocolate products under the brand and style of ‘Gilded Artisan chocolates’. Later it adopted ‘COCOVAA’ in June, 2016.

The Company produces anything and everything related to chocolates; from chocolate candies, fondue, mousse, caramel, bars, barks, nuts, toffees, brittle and a lot more.

They applied to get the ‘COCOVAA’ mark registered with the USPTO, on 5Th August, 2016. Finally the same was granted on 14th March, 2017.

 

  • THE AREA OF CONTENTION

Mars pleads that,

  1. CocoVaa has allegedly infringed its Trademark.
  2. LLC has a tendency to create confusion and deceive consumers due to a stark similarity in the name and style with its Trademark.
  3. LLC has caused injury by advertising its products in such a way which misleads the public about its real origin.
  4. LLC has tarnished the company’s reputation and hampered its goodwill.
  5. On discovering such misconduct, the company had sent a Cease and desist letter to the LLC, last September. The same was declined by the other end.

 

  • RELIEF SOUGHT FOR

There was a prima facie violation of the Lanham Act. Mars seeks for

  1. Cancellation of the ‘COCOVAA’ mark.
  2. Destruction of all the advertisements, goods related to the infringed mark.
  3. The grant of the amount of controversy, exclusive of interest and costs, which sums up to $75,000.
  4. Compensation for the injury it has sustained, the profits lost and a jury

Let us wait and watch, which yummilicious sin tastes the dust in this rustle cause of the innocent ‘I’.

(Disclaimer: This is a guest post submitted on Techstory by the mentioned authors. All the contents and images in the article have been provided to Techstory by the authors of the article. Techstory is not responsible or liable for any content in this article.)

About The Author

Nimisha Gupta has an unleashed zest for everything creative. Is a budding writer, inspired from coffee beans to pen down, when the world sleeps. It’s not about the destination rather the journey. #Musicbuff #Coffeeholic #ChocoManiac #Trailblazer.

Affiliated with QuickCompany which deals in Company Registration, Trademark registration, Service Tax Registration, MSME, Import-export Code and Other Legal Activities.

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