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ARTICLE · 22 JULY 2014

Gummy Bear Repackaging Creates Trademarkologist Confusion

Stites & Harbison PLLC
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A couple weeks ago, I and found myself in CVS grabbing two items that were guaranteed to improve my day: a Starbucks Frappuccino and gummy bears.

United StatesIntellectual Property
Mari-Elise Paul
Mari-Elise Paul
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A couple weeks ago, I was having a particularly bad Friday and found myself in CVS grabbing two items that were guaranteed to improve my day: a Starbucks Frappuccino and gummy bears. Now, you'd think this would have been an easy in-and-out task, but it was not. Any true gummy bear fan knows that not all gummy bears are created equally; Haribo gummy bears are undoubtedly the best. However, I couldn't find my favorite Haribo gummy bears. I search the aisles only to find these red packages of gummy bears:

Upon closer inspection, I realized that the packaging said "the original HARIBO Gold Bears" yet bore a trademark with which I was unfamiliar: "GOLD EMBLEM".  Whatwerethese red-packaged gummy bears? What happened to that famous gold packaging that I can spot from a mile away?

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