The Foreign Candy Company, Inc. Files Lawsuit Against R.L. Albert & Son, Inc. for Trademark Infringement

- Suit Seeks to End False Claims and Other Unfair Competitive Conduct by Defendant -

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Oct 19, 2010, 12:55 ET

HULL, Iowa, Oct. 19 /PRNewswire/ -- Citing unfair trade practices, injury to reputation, and infringement of registered and common law trademarks, The Foreign Candy Company, Inc. has filed a lawsuit against Stamford, Conn.-based R.L. Albert & Son, Inc. The lawsuit involves R.L. Albert & Son's new product RIP-ITZ! and The Foreign Candy Company's two federally trademarked products RIPS® and RIP ROLLS®, which have existed in the marketplace since as early as 2003. The product lines include various shapes and sizes of sweet and sour sugar-coated licorice candies.

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"By releasing the 'RIP-ITZ' brand, R.L. Albert & Son has willfully, unfairly and unlawfully participated in conduct that results in market dilution and damages the reputation of The Foreign Candy Company, which has invested in the RIPS and RIP ROLLS brands for the past seven years," said attorney Tom Wettach, who represents The Foreign Candy Company in the lawsuit. "Candy, snack and food trade retailers should be aware that they are dealing with counterfeit goods if they are selling any of the R.L. Albert & Son company's RIP-ITZ! products."

The lawsuit seeks preliminary and permanent injunctive relief, as well as other equitable relief and compensatory and punitive damages. The Foreign Candy Company is asking the court to provide for the seizure and destruction of all goods marketed under the RIP-ITZ! brand, including those in all company and customer warehouses, retail stores, and in transit.

"My wife and I, along with our dedicated employees, have worked hard for the past 32 years to develop The Foreign Candy Company into a vibrant business that contributes to the livelihoods of numerous individuals and families," said Peter W. De Yager, president, CEO and owner of The Foreign Candy Company. "As a responsible business owner, I believe this lawsuit is necessary to preserve the reputation of brands in which we have invested both time and money to build within a competitive market."

The Foreign Candy Company was established in 1978 as a way to help high school German clubs across the country raise money for educational initiatives. The company soon expanded to include all nonprofit groups, and eventually entered the wholesale candy market. Today, the company still provides fundraising support for nonprofits and has established a popular line of brand-name products, including Rips®, EIFFEL®, Big Fat Hissee Fit® and The Yardstick®.

About The Foreign Candy Company, Inc.

The Foreign Candy Company, Inc. started in 1978 after high school German teacher Peter W. De Yager visited a gummy bear factory in Germany during a school trip with his students. The class decided to sell the candy as a fundraiser for their next trip, and sales flourished. Peter started providing the candy to German clubs across the country as a fundraising tool and eventually expanded the business to include wholesale markets. The Foreign Candy Company is now a leading marketer of innovative international confections, and continues to supply candy for school and other nonprofit fundraisers through two subsidiary divisions, Foreign Language and Profit Potentials.