SAN FRANCISCO (CN) – Pez Candy says the Burlingame Museum of Pez Memorabilia violates trademark with an unauthorized Pez dispenser the museum calls “the world’s largest Pez.” The giant dispenser is “a direct copy of the Pez Dispenser with a snowman’s head atop it,” Pez claims in Federal Court.
Pez Candy says the museum is not a licensed Pez manufacturer, but creates and sells products bearing the Pez Candy Brick trademark.
Infringing products include a Pez toy truck dispenser that the museum refashioned as a campaign truck displaying a photo of John McCain with the words “McCain for Pezident 2008,” and a campaign truck dispenser for President Obama bearing his campaign logo, Pez says.
The museum also makes and sells T-shirts with the slogan “Got Pez?” giving a false and misleading association between Pez Candy and the Got Milk? Trademark, according to the complaint.
Pez has created more than 400 of its candy dispensers since 1952. Originally Austrian, the word comes from key letters in the German word for peppermint: Pfefferminz. An annual Pez convention has been held in Ohio since 1991.
Pez seeks an injunction, damages for trademark infringement and unfair competition, and destruction of the offending Pezzes.
Pez is represented by Larry Johnston with Alston and Bird of Palo Alto.