No Likelihood of Confusion Between Kids’ ‘Yummi Bears,’ ‘Yummy Gummy’ Vitamins

Finding the registered “Yummi Bears” mark for children’s vitamins weak, and that mark and the “Yummy Gummy” mark dissimilar, the U.S. District Court for the Central District of California on Aug. 16 ruled against Yummi Bears’ manufacturer in a trademark infringement lawsuit (Hero Nutritionals LLC v. Nutraceutical Corp., C.D. Cal., 8:11-cv-01195-AG-MLG, 8/16/13).

The first word in the plaintiff’s Yummi Bear mark “is descriptive of the good-tasting nature of the product,” the court held, finding the mark conceptually weak. Moreover, in addition to the two parties in suit, numerous third parties sell children’s vitamins in gummy bear form. Accordingly, ...