'Original Gourmet' Not Just For Jelly Belly: Candymaker

Law360, New York (November 21, 2011, 7:09 PM EST) -- Original Gourmet Food Co. Inc. asked a New Hampshire federal judge on Saturday to rule that it can use the phrase “original gourmet” on cookies and candy without infringing the rights of "the original gourmet jelly bean" maker Jelly Belly Candy Co.

The confectioner — which produces lollipops, fudge, cookies and other sweets — claims in a petition for declaratory judgment that confusion between the two companies' products is unlikely. It also contends that Jelly Belly does not have sole rights to the phrase "original gourmet,"...
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