CRÈME BRULEE ALMONDS® – Squirrel Brand v. Walgreens

On March 2nd, Squirrel Brand Holdings, L.P. filed a suit for trademark infringement in the Eastern District of Texas accusing Walgreens of selling, under its private label NICE! brand, “Creme Brûlée Almonds” that infringe on Squirrel Brand’s federally-registered trademark for that term.

According to Squirrel Brand’s website, “creme brûlée almonds” are “bite-sized substitutes for the famous dessert … made by toasting the finest California almonds and adding a luscious sweet creme flavor” and then “[f]inished with a thin layer of caramelized sugar.”  Squirrel Brand’s mark will no doubt be attacked as being descriptive even though it was registered on the principal register (as of 2/21/2012) pursuant to section 2(f) as having acquired distinctiveness by having been in exclusive and continuous use for more than five years.  This will be an interesting example of whether a clearly descriptive trademark that has only just been registered under section 2(f) can withstand heightened scrutiny in federal court.

One response to “CRÈME BRULEE ALMONDS® – Squirrel Brand v. Walgreens

  1. Not really sure how this is a descriptive mark…as a creme brulee dessert is different than a processed almond with a particular elements of the custard concoction. Much different than, say, honey roasted peanuts.