Tootsie Roll company sues shoe firm for trademark infringement (2 of 2)

By Pankaj Ladhar of Manos • Alwine P.L.

In the first part of this blog series we told you about a trademark infringement lawsuit between the Tootsie Roll candy company and the Footzyrolls shoe manufacturer. Tootsie Roll alleges that Footzyrolls infringed on its trademark name and caused confusion among consumers who they allege may have confused the two brands and assumed that Tootsie Roll had some connection with the footwear.

For long-established brands, their name may be one of their most valuable assets. Business magazine regularly publish lists of the most recognized and valuable brand names. Some companies may even profit by licensing their names to products produced by others. Other brand names have become so synonymous with the product, like Kleenex, that the product itself is simply known by that name no matter who manufactures it.

Tootsie Roll asserts that it already does license its Tootsie Roll trademark for use on a wide variety of non-candy products, such as clothes, shoes and fashion accessories. Socks bearing the Tootsie Roll trademark are currently available on the Internet, being sold on the company’s own website, as well as from major retailers such as

Rollashoe began its business two years ago and was founded by two sisters who came up with the concept of women’s footwear that could be rolled up into a bundle tiny enough to go into purses. They also believed that such shoes could be a welcome relief from high heels for some women. The shoe firm has applied for trademarks for Footzyrolls, Footzyfolds, and Footzysocks, with opposition from the Tootsie Roll company.

Source: Thomson Reuters News and Insight “‘Tootsie v. Footzy: Candymaker goes after footwear brand,” Nov. 21, 2011