On August 31, 2021, Conopco, Inc. filed a Notice of Opposition against Frozen S'Mores LLC for its registration of the word "S'Moresicle."
Frozen S'Mores, a limited liability company based in Ohio, registered the word "S'Moresicle" for "frozen confectionery; frozen confectionery containing ice cream; frozen confections, namely, freezer bars," according to the Notice of Opposition. Conopco claims that Frozen S'Mores filed its intent-to-use based Application on October 29, 2020 and published for opposition in the Official Gazette for Trademarks on May 11, 2021.
According to the Notice of Opposition, Conopco and its predecessors-in-interest have sold confectionery products under a family of marks, including FUDGSICLE, CREAMSICLE, and POPSICLE, since as early as 1923. Some of the design marks are pictured below.
According to Conopco, the "S'MORESICLE mark . . . fully incorporates the wording 'SICLE,' which is identical in part to [Conopco's] Family of SICLE Marks and therefore [Frozen S'mores'] purported mark is confusing[ly] similar to and dilutive of [Conopco's] Family of SICLE Marks." Conopco also claims, "[d]ue to the fact that [Frozen S'mores'] alleged S'MORESICLE mark is confusingly similar in sound, appearance and overall commercial impression to [Conopco's] Family of SICLE Marks, [Frozen S'mores'] alleged S'MORESICLE mark falsely suggests a connection with [Conopco]."
Frozen S'Mores' answer is due next month.
This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
