Local Popcorn Maker Prevails In 'Chicago Mix' Battle
MINNEAPOLIS (WCCO) -- What started as a sour experience is turning out sweet for a Twin Cities maker of flavored popcorn.
The family-owned Candyland company, based in St. Paul, was forced to file suit against three giants in the snack business over the rights to its flagship product.
Candyland has long owned the registered trademark for "Chicago Mix" popcorn. But over the years, more than 70 companies infringed on the name, including several who weren't about to back down.
Co-owner Brenda Lamb remembers it like yesterday when, out of boredom, she mixed three popcorns into one. What she created with the cheddar, caramel and plain popcorn concoction was something her company quickly labeled, "Chicago Mix."
"It's tradition of keeping what we started back in 1992," Lamb said.
That's when Brenda and her husband Doug applied for and was granted a U.S. registered trademark on the product.
Through the years, Chicago Mix popcorn has grown hugely successful. Customers flock to Candyland's four Twin Cities area stores to grab a bag or two. But over the years the successful blend caught on with other snack makers, who also called their products by the same name, despite Candyland's registered trademark.
"It's what's right and what's wrong, I feel," Lamb said.
When writing letters and placing phone calls to the violating companies failed, little Candyland was backed into a legal corner. In August 2014, it took three of the biggest violators to Federal Court in order to defend its trademark.
"The only way we're really going to get any traction here and try to put a stop to this unauthorized use is to start these lawsuits," attorney David Davenport said.
Davenport took on Candyland's legal battles as an attorney for Winthrop and Weinstine. Those suits have now been resolved through negotiated settlements. Snack makers Garrett's, Snyder's-Lance and Cornfield's will each drop their use of the Chicago Mix name.
The quaint red awning along Wabasha in downtown St. Paul has slayed the snack food giants.
"Trademarks have meaning and they can be enforced and they can be protected, no matter what your size is and no matter what the size of your opponent is," Davenport said.
Brenda Lamb said you can chalk one up for the little guys.
"Our loyal customers ... keep a tradition going. Because they enjoy the product and they enjoy the name and we wouldn't want to change that," she said.
Under terms of the settlement approved by Judge Richard Kyle, the companies have several months to wind down all their inventory, labels and marketing.