Client Stories

A Sweet Success

The Challenge:
Established in 2012, I LOVE SUGAR is much more than a candy store. The high-end retailer takes the candy we all love and delivers a magical experience.

State of the art design, including custom fixtures and attention to details, is what the experiential retailer believes makes shoppers often refer to I LOVE SUGAR as "the Apple store of candy".

A 55' mega candy wall, chandeliers hand made from over 30,000 gummy bears, candy mosaics and other art made out of candy are all found throughout the store, which creates a candy museum-like experience. Combine that with every type of candy imaginable, mix it with love and an iconic brand, I LOVE SUGAR was born.

In a trade dress and trademark infringement case brought by their competitor, It’Sugar claimed that I LOVE SUGAR infringed their trademark and the overall look and feel of It’Sugar retail stores.

The Results:
Defending I Love Sugar, Tarter Krinsky & Drogin’s Intellectual Property Group quickly showed the trademark claims made by It’Sugar were questionable and weak, and that It’Sugar failed to create and maintain a recognizably consistent trade dress to afford itself protection. Through a practical approach and smart thinking, our team raised serious doubts about whether It’Sugar had ever successfully created an inherently distinctive trade dress for its stores and fixtures, or even an association between its dress and the consumers.

A federal judge in South Carolina denied It'Sugar's request for a preliminary injunction. The court found, among other things, that It’Sugar largely failed to demonstrate the design of its stores as “unique or unusual enough in the field of high-end candy retail stores” to establish a likelihood that it will succeed on the merits of its trade dress infringement claim.

An amicable settlement was reached shortly afterward, making this a sweet success story for the I LOVE SUGAR brand.

We have since helped I LOVE SUGAR I create a library of intellectual property by acquiring many trademarks and design patents, which has given the brand considerable protection and made the retailer stronger than ever.

"As a retailer, the design of our store is a key part of our business strategy. We needed an IP team that understood trade dress issues. Tarter Krinsky & Drogin understood our challenge and developed a creative litigation strategy to protect our store concept and the I Love Sugar brand.”

David M. Oaknin
Founder and President

Name Title Direct Dial Vcard
Braginsky, Philip Partner Partner 212.216.8065 VCard
Rosenberg, Mark J. Partner Partner 212.216.1127 VCard