A company that specializes in Mexican candy was recently taken to court and ordered to pay thousands of dollars in fines for copyright violations. The confectioners in question, Arco Iris Ice Cream, were not only accused of copying a competitor’s designs for its candy labels but of deleting possibly incriminating computer files despite specific order not to from U.S. District Judge Xavier Rodriguez.
The lawsuit stems from last year, and is especially noteworthy since Arco shares the same label-making provider as the company suing it, Alamo Packing & Candy Co. The son of the owner of Arco tried to alter 62,000 files, but was caught and reprimanded by Judge Rodriguez, according to the San Antonio Express-News. The defendant eventually submitted the hard drive containing the files for evidence.
In a different article from 2013, the source notes the specific charges and similarities in packaging. Both Arco and Alamo sell similar products, but the latter said at the time that it was not infringing on trademark property because the label elements they were accused of stealing were protected by fair use.
“The marks are descriptive terms of either the ingredients in the candy or are a description of the flavor of the candy,” a filing from Arco Iris reads. “Further, the names given to these candies are culturally-recognizable names and (descriptions) that are common throughout Mexico and Texas in the Mexican-American community.” Alamo’s attorney argued that it did indeed hold a claim on the candy names that Arco Iris used.
Even the title of a product could be unintentional infringement on your company’s part if you aren’t careful. That’s why in addition to high-quality and readable custom printed labels, your business is best served by printers that will help it be distinctive and protect its intellectual property.