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Source: http://www.usatoday.com/money/industries/food/2009-10-07-peeps-lawsuit_N.htm
January 20, 2010 - content has not been altered

Peeps maker sues greeting card firm
Updated 10/7/2009 12:24 PM


Just Born says it makes enough Peeps in one year to circle the Earth twice
By Tom Spalding, The Indianapolis Star

The maker of Peeps those marshmallow candies that are shaped into chicks, bunnies and other animals has filed a lawsuit in Indianapolis, accusing a card company of trademark infringement.

Just Born, a candy manufacturer based in Bethlehem, Pa., says in a federal court filing that American Greetings' (AM) recycled paper greetings unit used the likeness without authorization.

Peeps were introduced nationally in 1958, the company says on its website, and are an Easter addiction for many because of the sugar-coated yellow chicks.

The company says Peeps are the No. 1-selling non-chocolate candy.

One card introduced as evidence features two live chicks staring at what looks like a peep. "She's had waaaay too much Botox," one of the chicks jokes.

"Happy Easter," says a copy of another card contained in the lawsuit, "From me and my peeps."

"Defendant has not received permission from JBI, or anyone acting on JBI's behalf, to manufacture, produce, advertise or sell any item bearing the PEEPS trademarks or trade dress," the suit reads.

The lawsuit was originally filed in Hamilton Superior Court but moved to U.S. District Court.

Copyright 2010 USA TODAY, a division of Gannett Co. Inc.

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