Tootsie Roll

Tootsie Roll VS. Footzyroll

1. There are legal protections available to trademark holders. One advantage is that it provides a constructive notice to the public which prevents anyone from claiming that they did not know the mark existed. If a court finds that a particular use of a trademark is an infringement it can order various remedies to put an end to the infringement and to punish the infringer. At the very least, the infringer will be ordered to stop infringing on the trademark. Next, he could also be ordered to pay damages, for example by handing over the profits he made by selling the infringing products. The trademark laws are there to prevent confusion a consumer might face when buying a product. For instance, it makes it unlawful for one product to closely resemble the label of another similar product, such as color, name, or label.

In my opinion, Tootsie Roll does have a case. The name Footzyroll is definitely similar to Tootsie Roll. Since Tootsie Roll also sells clothes and other items, besides candy, there could be some possible confusion for the consumer.

2. I don’t think it should matter whether or not Footzyrolls is a much smaller company. The Tootsie Roll company has just as much right to be protected as any other company. As a trademark holder, Tootsie Roll has an

obligation to step up and protect their trademark and business. If they do not fight for their trademark it could become generic and then anyone who chooses could use it.