The makers of Dum Dums suckers are suing the makers of Tootsie Roll, claiming their new packaging is causing confusion among sucker lovers.

According to news reports, Spangler Candy Company, the makers of Dum Dums, alleges in its recent lawsuit that Tootsie Roll Industries, the makers of Charms Mini Pops, intentionally confuses consumers with its new packaging that is similar in color and style to that of Dum Dums. Long sold in a yellow bag, Charms now come packaged in a red bag similar to Dum Dums, with a quantity “300” stamped in the same location.

Spangler maintains this repackaging amounts to trade dress infringement and unfair competition, adding that “customers are likely to confuse the products and their source of origin."

The question remains whether consumers are the real dum dums or whether they can distinguish between the suckers.

—Source: blogs.findlaw.com