Tootsie Roll Industries, maker of the popular Tootsie Roll lollipops and bite-size candy, has filed suit against shoemaker Rollashoe over its Footzyrolls, a brand of shoes that roll up and can be stored in a compact pouch.
According to the suit, filed in Chicago last week, Tootsie Roll said the shoes resemble “each of the Tootsie Roll Marks in sound, commercial impression and appearance that when used in association with footwear, it is likely to cause confusion, to cause mistake or deceive."
Tootsie Roll registered its trademark more than 100 years ago, and it licenses the mark for footwear, as well as clothing and other accessories. Some of these products can be purchased on the candy maker’s site.
Tootsie Roll originally tried to block Rollashoe from registering the Footzyrolls with the U.S. Patent and Trademark Office last year. When that was unsuccessful, the company decided to file suit.