Tootsie Roll says Footzyrolls shoe brand steps on its trademark

By: Chicago Tribune Business
Source: http://www.chicagotribune.com


A small footwear company selling a Footzyrolls shoe brand got hit with a trademark lawsuit this week from Chicago-based candy giant Tootsie Roll Industries.

According to the lawsuit filed in federal court in Illinois, Rollashoe, which makes rollable ballet slippers called Footzyrolls, is infringing on the brand name of Chicago-based Tootsie Roll.

Tootsie Roll, which made $521 million in sales last year, alleged that the $2 million Footzyrolls brand will confuse and "deceive" consumers into thinking that the shoes are associated with Tootsie Roll's portfolio of products.

Calling Rollashoe's actions "willful, malicious and fraudulent," Tootsie Roll also claims that Footzyrolls, which launched in 2009, dilute, or tarnish, the value of the Tootsie Roll brand.

Rollashoe, based in Miami Beach, Fla., however, disputed the allegations.

"This lawsuit is completely frivolous and has no merit," Rollashoe owners Sarah Caplan, 28, and Jenifer Caplan, 34, said in a statement.

The sisters, who filed for a trademark with the U.S. Patent and Trademark Office, debuted the Footzyrolls shoe line at a trade show in 2009.

Less than a year later, Footzyrolls became a million-dollar brand featured in Oprah's magazine. The shoes are now sold in Bloomingdales and Fred Segal.


Source: http://www.chicagotribune.com/business/ct-biz-1119-tootsie-suit-20111119,0,6569699.story