And Original Gourmet Foods not being so sweet — Jelly Belly

Firms head to court over “original gourmet” name.

This trademark dispute has little to do with domain names but does involve my favorite candy firm, Jelly Belly.

Original Gourmet Food Firm, Inc., has filed a dispute (pdf) in U.S. District Court for declaratory judgment over the “original gourmet” name.

The food fight started when Original Gourmet tried to extend the use of its “Original Gourmet” name to cookies with a trademark filing. Jelly Belly filed a 30 day request for extension of time with the United States Patent and Trademark Office to oppose Original Gourmet’s trademark application.

(Jelly Belly calls its jelly beans “the original gourmet jelly bean”.)

Jelly Belly followed up with a cease & desist letter. Both sides’ attorneys went back and forth, and then Original Gourmet figured it would get ahead of the issue and file the request for declaratory judgment ahead of it was sued.

Often times domain name owners will file a similar complaint with a court following losing a UDRP case to request a court to say it has rights to continue using the name.

I toured the Jelly Belly factory in California a couple years ago with my daughter. I was a kid in a candy shop (literally).