Selling freeze-dried candy can create trademark issues

Freeze-dried candy recipes have been all the hype across the internet and communities for a while now. Since they are easy to make, people have been buying freezers as a fun way to try out different freeze-dried recipes such as freeze-dried skittles and freeze-dried milk Duds.

If you are thinking of getting a freezer and trying freeze-dried candy to sell you might want to consider the potential trademark issues that may arise.

In this article, we will cover how you could be infringing on other companies' trademarks by selling freeze-dried candy and how you can avoid it.

Freeze-dried candy trademark issues

Often when selling freeze-dried candy, people tend to label their freeze-dried candy as “skittles” or “milk duds”. While there’s no legal risk in creating freeze-dried candy similar to Skittles or Milk duds labeling your candy “skittles” or “milk duds” can pose legal risks.

 “Skittles”, “Milk duds” and other names used by brands selling candy are trademarked, and by using these names you are infringing on their trademark rights. This can, therefore, land you into legal issues if are selling your freeze-dried candy with the trademarked names.

What about combining different names with trademarked names?

In an attempt to circumvent trademarks, people try labeling their freeze-dried candy as “freeze-dried skittles”, “homemade skittles”, “homemade freeze-dried milk-duds” etc.

However, using the words homemade or freeze-dried before the words skittles or milk duds will not help you get around the trademark rights of the brands. You can still get sued for using the words “skittles” or “milk-duds” while labeling your product.

Getting around trademarks while selling freeze-dried candy

The only way to get around trademarks while selling freeze-dried candy is by steering clear of any names used by other brands selling candy.

For example, instead of freeze-dried skittles, you can label your candy as ‘freeze-dried assorted candy’ or ‘freeze dried rainbow candy’ (please make sure to check these names are not already trademarked before using them).

This way you’ll avoid infringing on other brands' trademarks and protect yourself from legal issues that may arise with trademark infringement.  

Got a trademark or IP question?

If you have a trademark question about freeze-dried candy or any other IP issue we are always ready to help you out. Reach out to us here at Millar IP Law to book a free consultation.

Otherwise good luck with your business.

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