Nutraceutical Can't Shake 'Yummi Bears' Trademark Claims

Law360, New York (October 30, 2012, 2:59 PM EDT) -- A California federal judge ruled Tuesday that there was enough of a dispute to keep alive Hero Nutritionals LLC’s claims that Nutraceutical Corp.’s use of the word “yummy” on children’s nutritional supplements constitutes unfair competition and infringes Hero's trademarks on “Yummi Bears” vitamins.

U.S. District Judge Andrew J. Guilford, who held a hearing Monday on Nutraceutical's summary judgment motion, issued a minute order Tuesday denying that motion. He said Hero's trademark infringement and unfair competition claims would be better decided at the discretion of a jury....
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