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    IP Law Daily, PATENT NEWS: Maker of hand held ‘candy fans’ hopes to blow down infringer, (Jun 30, 2016)

    Organizations Mentioned:CandyRific, LLC | Frankford Candy & Chocolate Co., Inc. | Frankford Candy LLC | Stites & Harbison, PLLC

    By Peter Reap, J.D., LL.M.

    CandyRific, a manufacturer of novelty confectionary products, including hand held "candy fans" that allow a holder to keep cool with a supply of their favorite candy, has filed a lawsuit in the federal district court in Louisville accusing competitor ...

    By Peter Reap, J.D., LL.M.

    CandyRific, a manufacturer of novelty confectionary products, including hand held "candy fans" that allow a holder to keep cool with a supply of their favorite candy, has filed a lawsuit in the federal district court in Louisville accusing competitors Frankford Candy & Chocolate Co. and Frankford Candy (collectively, the "defendants"), of infringing its patent for such a device.

    According to the complaint, CandyRific was the first to develop and distribute certain fan products in which a housing is grasped and held by a user, with a fan positioned near a first (or upper) end of the housing and a candy item positioned at the second (or lower) end of the housing. One June 28, 2016 (coincidentally, the date CandyRific filed this complaint) the USPTO issued to CandyRific U.S. Patent No. 9,377,024 ("the ‘024 Patent") for a "Novelty Hand-Held Fan and Object Holder." CandyRific has licenses with some of the most well-known brands in the world including, for example, M&M’S®, Skittles®, Star Wars®, Marvel®, Disney®, and DreamWorks®, the complaint adds.

    The defendants sell and offer to sell products which infringe at least claim 8 of the ‘024 Patent on their website, CandyRific alleges. For example, at http://www.frankfordcandy.com/seasons/everyday/page/2/ is the defendants’ "SpongeBob Fan." The "SpongeBob Fan," as well as other products manufactured by Frankford including, but not limited to, a "Hello Kitty Candy Fan," a "Teenage Mutant Ninja Turtles Candy Fan," an "Avengers Candy Fan," and a "Spiderman Fan Candy Toy," were also found available for sale on several other websites, CandyRific contends.

    The complaint in CandyRific, LLC v. Frankford Candy & Chocolate Co., Inc., Case No. 3:16-cv-00418-DJH, contains one claim asserting patent infringement of the ‘024 Patent. CandyRific requests injunctive relief and damages, including trebled damages and an award of its attorney fees and costs.

    Attorneys: Joel T. Beres (Stites & Harbison, PLLC) for CandyRific, LLC.

    Companies: CandyRific, LLC; Frankford Candy & Chocolate Co., Inc.; Frankford Candy LLC

    News: Patent KentuckyNews

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