Candy packages get bitter response

Mars Inc.&#44 McLean&#44 VA&#44 filed suit in U.S. District Court in Manhattan in early December seeking an order that bars E.J. Brach Corp.&#44 Chicago&#44 IL&#44 from selling Brach's redesigned package of Fruit Bunch® candy that bears a close resemblance to Mars' Starburst® fruit chews candy.

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Citing tens of millions of advertising dollars that are at stake Mars objected to Fruit Bunch's primarily yellow package color that includes pictures of fruit as well as a red banner with the words "real fruit juice" all of which are similar to the Starburst package. Trade dress apparently isn't the only thing the candy makers have in common: When asked to comment on the pending litigation both firms declined.