Fenwick Successfully Defends the Burlingame Museum of Pez Memorabilia in Trademark Litigation

By: Rodger R. Cole

Fenwick defended the Burlingame Museum of Pez Memorabilia and its co-founders in a lawsuit brought against them by PEZ Candy and its parent, Switzerland-based Patrafico AG. Filed in the Northern District of California, the suit asserted trademark infringement, trade dress infringement and unfair competition. PEZ Candy claimed that the museum’s award-winning giant Pez dispenser violated state and federal intellectual property laws, and that the museum’s use of the candy company's trademark products deceived the public into thinking that the museum operated under the authority of PEZ. Representing the museum on a pro bono basis, we settled the case on very favorable terms. The Museum continues to operate today.

The Fenwick litigation team was led by Rodger Cole, Jennifer Kelly and Songmee Connolly.


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