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... is basically a layer of white chocolate (sometimes on top of a layer of milk chocolate) with a sprinkling of crushed peppermint candy." He relied on dictionary definitions of "bark" and "peppermint," several recipes for making "peppermint bark" candy, website ... , its promotional materials and media references were "not very effective" and "seem to reinforce the generic use of the term." The millions of dollars of sales does not establish that the term is not generic, nor does Applicant's use of ...

... to be functional, then it can never serve or be protected as a trademark. What do you think, is it functional? While the taste of the candy bar is clearly functional, the appearance of the cross-section is far less clearly functional. For example, presumably taste would ... Fountain, here. Some are easier than others. Now, to the extent consumers are able to "name" the candy bar associated with the shown cross-section, does that help satisfy all three trademark elements or only the first two? And, to ...

... , he never thought he'd be caught and suspended. Nobody ever does. So what was this 8th grader trying to get his hands on? Skittles. No, that's not some new name for a dangerous narcotic mixed in bathtubs. I mean skittles, the candy. That's right. According to this AP report, courtesy of Overlawyered, poor Michael's ... problem. But call out the swat team to take down a nefarious hallway candy buyer? A little overkill, perhaps? Notably, this is yet another example of the failure of prohibition. ...

... 200 registered violent and child-sex offenders to post a sign reading "No candy at this residence" on their house before Oct. 31. Registrants are also required to stay at ... shed any tears over the loss of a sex offender's privacy. But does this make it OK? The only difference between a registered sex offender and an uncaught ... a seventeen-year-old has committed statutory rape in California, for instance. That "no candy" sign is nothing short of a scarlet letter, and the label of sex offender is not ...

... their residence between 5 and 10:30 p.m. Oct. 31 and post a sign outside stating "no candy or treats at this residence." All four of the plaintiffs in the suit, which includes one woman who lives in Cape Girardeau, have either ... and prosecutors form the jurisdictions where the plaintiffs live. Because one of the plaintiffs is a Cape Girardeau resident, listed as "Jane Doe II," in the suit, Cape Girardeau County Prosecuting Attorney Morley Swingle and Cape Girardeau police chief Carl Kinnison were ...

... certainly reminds me of bubble gum. The other one is Bubble Gum Liqueur, bottled by M.S. Walker of Somerville, Massachusetts. This one does not eschew the use of the word "gum," and refers to Bubble Gum at least half a dozen times. It strikes us as reasonable to evaluate whether gum and candy are so irresistible to children that they are inappropriate on alcohol beverage labels or as main flavors. But in the next post we will show that these ...

... is "domineering and interfering" (she called the SSPCA on her own daughter!) and gives the kids too much candy. (As reported in The Herald: "Mrs Melville was accused of taking two carrier bags of sweets to the children. The two oldest ... . However, such contact should not involve an over-indulgence in the provision of confectionery, nor disparaging or interfering remarks by the pursuer. What does the pursuer think about the decision? I don't know why she was going on so much about sweets - that's ...

... outstanding article entitled Agency Costs, Charitable Trusts, and Corporate Control: Evidence from Hershey's Kiss-Off. What this article does well is "crunch the numbers" to answer the sort of open-ended question trusts-and-estates litigators face all the time: ... subtitle says it all: How Pennsylvania officials screwed poor kids out of $1 billion by stopping the sale of the candy-maker. However, blaming the politicians is way too easy. They were (not surprisingly) simply responding to legitimate ...

Hat tip to Crime and Consequences for spotting this article in US News and World Report addressing a study that found a correlation between daily consumption of candy and other sweets by children and their later conviction of violent crimes...

... be stolen less often and of greater value to us. I think Amazon has unstated reasons for its policy. The firm does not wish to be in the middle of squabbles about ownership. I might have sold you my Kindle, and then found your payment ... reason to inquire about this recently and learned that some very strict certifiers would refuse, for instance, to certify a candy bar that had a picture of a naked person on it. The certifier finds the immodest and "wrongful" picture disqualifying even though the ...