Intellectual Property Law

2d Circuit: Topps v Cadbury

By Marty Schwimmer

Topps contracted with an Argentinian company to provide Bazooka gum in various South American markets. The Argentinian company licensed and the trademark and had access to 'technology' (no doubt relating to how to fold a small comic strip around a brick-like piece of gum). The contract terminated and the Argentinian continued use of both the trademark and the technology. 2d Circuit: not ripe for summary judgment. Background: my reaction to this fact pattern two years ago was 'hmmm.'

Full post as published by Trademark Blog on May 29, 2008 (boomark / email).