Ferrara Candy Company Sues Over “DWEEBS” In Trademark Dispute
Ferrara Candy Company, the Chicago-based maker of NERDS, has filed an infringement lawsuit in the U.S. District Court for the Central District of California, claiming that a group of international candy distributors is attempting to cash in on the success of its famous brand. In the complaint, Ferrara alleges trademark infringement, unfair competition, false designation of origin, false advertising, and dilution.
The lawsuit targets American Continental Limited, American Fizz (UK) Limited, and LD Distribution Services, LLC, accusing them of launching candy under the name DWEEBS in violation of Ferrara’s trademark rights. According to the complaint, the defendants’ marketing and packaging mislead customers into thinking the products are connected to Ferrara’s iconic NERDS line.
Ferrara says the problem goes beyond just the name. The DWEEBS candy allegedly mimics NERDS’ look and feel. The distinct, varying, and irregular pebble design of the Original NERDS Product is itself a registered trademark, with U.S. Registration Numbers 7799631 and 7799633. Further, DWEEBS is accused of copying NERDS’ dual-colored packaging and cartoon cloud logo that make up its trade dress. Ferrara argues that this is a deliberate attempt to trade on its reputation, and confuse consumers into believing DWEEBS are part of the NERDS family.
In the late 1980s Ferrara’s predecessor actually sold a candy called DWEEBS, marketed as a “cousin” to NERDS. That product was discontinued in the 1990s, but Ferrara claims it still holds strong goodwill and consumer recognition, making today’s use of the name especially misleading.
Ferrara says it first raised concerns in 2023, sending letters and filing trademark challenges in the United Kingdom, but the companies pressed ahead. In 2024 and 2025, DWEEBS were promoted at the Sweets & Snacks Expo in Indianapolis, one of the candy industry’s biggest trade shows. The products are now being sold in the United States through distributors and online retailers in what the lawsuit alleges is a violation of the Lanham Act.
The lawsuit seeks to stop all DWEEBS sales and marketing in the U.S., the destruction of existing inventory, the cancellation of the defendants’ trademark rights, and to force the companies to hand over their profits. Ferrara argues the infringement is deliberate and in bad faith, and says it has no choice but to act to protect its intellectual property and the reputation of its NERDS brand.
At the end of the day, Ferrara isn’t sugarcoating its stance that DWEEBS has crossed the line. Whether this case ends in a sweet victory or a sticky mess, one thing’s certain, in the candy business, you can’t just take a bite out of someone else’s brand and expect the consequences to be brushed and flossed away.
The experienced trademark and litigation attorneys at Renner Otto are happy to address any questions or concerns you may have about protecting your valuable trademark assets. Contact us to schedule a consultation.
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