Wrigley’s “5” sugar-free gum called “Swerve may cause confusion amongst consumers with a non-sugar sweetener, also named “Swerve”. Swerve sweetener is used in the manufacturing of diet pralines and other foods, but wants to make its way to other products, like chewing gum.
Wrigley’s popular sugar-free chewing gum “5” is called Swerve, because it changes flavor while you chew it.
The judge handling the case, stated that”other manufacturers, and even Wrigley in the 1980s, have co-branded gum and candy products with sweeteners. But worse for Wrigley’s: their own evidence acknowledges that both customer groups may overlap. Finally, distribution channels are the same; both products are sold on Amazon.com.
The decision is a tough bone to chew for Wrigley’s. They may have to seek a new name.
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